ADM. REVIEW DOCKET NO.: BG 110204 RT
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.:
BG 110204 RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
AL 110355 - S
AIDA AVILES
PREMISES: 119-17
111th Ave.,
Apt. 1G,
PETITIONER : South Ozone
Park, N. Y.
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant 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 tenant commenced the proceeding below by filing a
complaint asserting that the owner failed to maintain numerous
services in the subject apartment.
In its 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 apartment was
conducted by a D.H.C.R. inspector who reported that, except for two
minor items, all conditions complained of had been repaired.
The Rent Administrator determined that a rent reduction was
not warranted but ordered the owner to restore the services cited
by the inspector.
In the petition for administrative review, the tenant states
in substance, that her complaint did warrant a rent reduction.
ADM. REVIEW DOCKET NO.: BG 110204 RT
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The evidence of record supports the Administrator's
determination that a rent reduction is not warranted. The tenant
complained about many serious conditions in the apartment requiring
repair and the physical inspection by DHCR revealed that the owner
had made substantial repairs. The two remaining minor items which
the owner was directed to restore do not warrant a finding that the
owner has failed to maintain required services. The Commissioner
notes that in the subsequent compliance proceeding, it was
determined that the owner had complied with the directive to
restore.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code and the Emergency Tenant Protection Act
of 1974, 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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