STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO.: BH-110270-RO
DOCKET NO.: AL-110054-S
DILIP N. TOLAT, PETITIONER PREMISES: 35-54 95th St.
----------------------------------x Apt. 4D
Jackson Heights, 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 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 had failed to maintain certain 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 would be completed.
Thereafter an inspection of the subject apartment was conducted
bya D.H.C.R. inspector, who confirmed the existence of defective
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 certain repairs have been performed and other
repairs will be performed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Although the owner contends that certain 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 wazs
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.
Moreover, since the owner concedes in the petition that repairs
to the windows were not done, the Administrator's determination
that the owner failed to make the necessary repairs was correct.
The owner is advised to file a rent restoration application when
all repairs are completed, if this is not already been done.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the District Rent Administrator's order be, and
the same hereby is, affimed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner