ADM. REVIEW DOCKET NO.: BH 220220 RO
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.:
BH 220220 RO
:
DISTRICT RENT
ADMIN. DOCKET NO.:
BA 220030-S
EMPIRE REALTY CO., Premises: 742 Montgomery
St., Apt. C2,
Brooklyn, NY
PETITIONER :
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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 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 asserted that all required repairs
would be completed.
Thereafter an inspection of the subject apartment 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 maximum legal
rent.
In its petition for administrative review, the owner states,
in substance, that repairs have been performed.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's petition does not make clear whether it is the
owner's contention that repairs had been made before the
ADM. REVIEW DOCKET NO.: BH 220220 RO
apartment was inspected or the order was issued or whether the
contention is that repairs were made following the issuance of
the Rent Administrator's order. If it is the former, then the
owner's allegation is belied by the report of the agency
inspector. If it is the latter, then the Rent Administrator's
order reducing the rent was correct when issued.
This order is issued without prejudice to the owner filing a
restoration of services application.
THEREFORE, in accordance with the Rent and Eviction
Regulations, 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, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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