CD510028RO
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.:
CD510028RO
FT. TRYON APARTMENT CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BG510828S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 20, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
March 15, 1988, by the Rent Administrator, concerning the housing
accommodation known as 4501 Broadway, Apartment 5-H, New York,
New York, wherein the Administrator directed a restoration of
services and further ordered a reduction in the rent-stabilized
rent.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the tenant's filing of a complaint
on May 18, 1987 of decrease in apartment services. An inspection
conducted by an employee of the Division on January 4, 1988
confirmed some of the complained of conditions resulting in the
March 15, 1988 order.
In the PAR, the owner requests the order be revoked contending that
it never received a copy of the tenant's complaint; that repairs
indicated on the order have been completed; and that a stipulation
entered in court supersedes any pending decision of this agency.
The Commissioner is of the opinion that the PAR should be denied.
CD510028RO
The record reflects that the tenant's complaint was served on the
owner herein on October 9, 1987. Owner makes no representation
that the repairs he refers to were completed before the order was
issued and the record does not indicate that the owner offered
evidence to substantiate before the Rent Administrator the
allegation that the conditions were corrected. Lastly, although
the owner refers to a stipulation attached to the PAR, the document
was not included in the owner's submission and cannot be considered
here.
Accordingly, the owner has offered insufficient reason to disturb
the Rent Administrator's order.
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 Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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