ADM. REVIEW DOCKET NO.: CG 510010 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.:
CG 510010 RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BI 510087 S
CLARA RUSSO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 29, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on June 7,
1988, by the Rent Administrator, concerning the housing
accommodation known as 2308 First Ave., Apt. 4N, New York, N.Y.,
wherein the Administrator determined that based on a physical
inspection conducted by DHCR, services complained of have been
restored.
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.
In the petition for administrative review, the tenant states
in substance, that services are deficient.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The evidence of the record supports the Administrator's
determination, that a rent reduction is not warranted based on the
report of the agency inspector which found that the condition
complained of was not deficient.
ADM. REVIEW DOCKET NO.: CG 510010 RT
The owner is reminded of the obligation stated in Section
2520.6(r) and 2523.4 of the Rent Stabilization Code to maintain
required services which includes replacing or repairing defective
appliances, despite any lease provisions to the contrary. This
order is issued without prejudice to the tenant's rights as they
may pertain to a de novo application for a rent reduction based on
a diminution of services.
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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