DI 410016 RO
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
APPEAL OF DOCKET NO.: DI 410016 RO
DISTRICT RENT ADMINISTRATOR
Moishe Bodner DOCKET NO.: DE 510800 S
234 West 147th Street, #G
New York, New York
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 this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
on the subject premises.
Thereafter, the Agency served the owner with the tenant's
complaint and afforded the owner twenty (20) days to respond. The
owner failed to interpose an answer within the time specified.
Thereafter an inspection of the subject premises was conducted by
a 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 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
apartment was inspected or before 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' allegation is belied by the report of the agency
inspector. If it is the latter, then the Rent Administrator's
DI 410016 RO
order reducing the rent was nevertheless correct when issued, and
this order is issued without prejudice to the owner filing a
restoration of services application.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, the Emergency Tenant Protection Act of 1974 and 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.