ADM. REVIEW DOCKET NO.: ARL 09790-L
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ARL 09790-L
:
RENT ADMINISTRATOR'S
DOCKET NO.:
LC 002724 S
HAROLD PINE,
PREMISES:
PETITIONER : 56 West 106th St.,
------------------------------------X Apt. 4C, New York, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
The tenants commenced the proceeding below by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment, including, but not limited to
defective apartment entrance door.
In his answer, the owner denied the allegations set forth in
the tenant's complaint or otherwise asserted that all required
repairs had been or will be completed.
Thereafter an inspection of the subject building was conducted
by a D.H.C.R. inspector who confirmed the existence of defective
conditions.
The Rent Administrator directed restoration of these services
and further ordered, a reduction of the legal regulated rent.
In his petition for administrative review, the owner states,
in substance, that repairs have been performed prior to the
issuance of the Administrator's order.
ADM. REVIEW DOCKET NO.: ARL 09790-L
The tenant interposed a response to the owner's petition which
stated, from his original complaint certain repairs had been
performed except for the defective apartment entrance door.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Although the owner contends that repairs were effectuated
prior to the issuance of the administrator's order, the
Commissioner notes that the owner submitted no evidence to
substantiate the contention either while the proceeding was pending
before the administrator or by attachment to his petition.
Accordingly, based on a preponderance of the evidence the owner has
offered insufficient reason to disturb the administrator's order,
and it should be affirmed.
This Order and Opinion is issued without prejudice to the
owner's rights as they may pertain to an application to the
Division for a restoration of rent based upon the restoration of
services, if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction
Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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