DOCKET NUMBER: ARL 08751-U
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ARL 08751-U
:
DRO DOCKET NO.: US 000454-S
RAJINDER S. DHAMOON PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 10, 1986 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order issued on February 5, 1986 by the
Rent Administrator of the Upper Manhattan District Rent Office concerning
the housing accommodation known as 630 West 172nd Street, Apartment 51,
Upper Manhattan.
The herein appealed order of the Rent Administrator reduced the stabilized
rent to reflect:
"1. Defective windows in master bedroom (2), 2nd bedroom (2),
kitchen (1) and bathroom (1).
2. 2nd bedroom north wall needs painting.
3. Defective stove..
physical inspection conducted January 7, 1986 indicated that
there was no running water in bathtub; no evidence of any
ceiling leaks and intercom has been repaired."
The inspection also indicated that, except for the abovenoted bedroom
wall, painting was then otherwise satisfactory.
In his petition the owner, among other things, alleges that all painting
and repairs had been made in 1984 and 1985 to the tenant's apparent
satisfaction.
The Commissioner is of the opinion that the petition should be denied.
A physical inspection, which is of more probative value than the
allegations of the parties, conducted after the dates of the alleged
repairs, disclosed the conditions upon which the rent reduction was based.
The Commissioner finds that the Administrator's determination was correct.
The owner may apply for a rent reduction upon restoration of service if he
has not already done so.
The Commissioner notes that by now periodic painting of the entire
apartment would again be due if it has not already been done in the
interim.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
DOCKET NUMBER: ARL 08751-U
ORDERED, that this petition be, and the same hereby is, denied and that
the order of the Rent Administrator be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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