DOCKET NO. DE 110236 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.: DE 110236 RO
DEL ASSOCIATES DISTRICT RENT
DELWAR HUSSAIN ADMINISTRATOR'S DOCKET
NO.: CB 110165-S
PREMISES: 87-14A 214St.
Apt. A Queens, 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 the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
On February 10, 1988, the tenant commenced the proceeding below
by filing a complaint asserting that the owner had failed to
maintain certain services on the subject premises.
On April 15, 1988, the owner was served with the complaint and
was afforded an opportunity to review it and comment thereupon.
The owner did not interpose an answer.
On March 15, 1989, an inspection of the subject premises was
conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
On March 29, 1989, the Administrator issued an order directing
restoration of services and a reduction of the stabilization
rent.
DOCKET NO. DE 110236 RO
In its Petition for Administrative Review, filed on May 3, 1989,
the owner requests that the Administrator's order be reversed.
The owner states that the order was arbitrary, capricious and in
violation of its right to due process. The owner also states
that a complete discussion of the facts, proofs and exhibits will
be submitted at a later date as soon as a review of the case file
is possible.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
As of the date of this order, the owner has not offered any
reason to disturb the Administrator's order, and it should be
affirmed.
This order is issued without prejudice to the owner's right to
apply for a restoration of rent based on a restoration of
services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, 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
Deputy Commissioner
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