DL 110261 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
----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DL 110261 RO
DISTRICT RENT ADMINISTRATOR'S
ESCO ASSOCIATES, DOCKET NO.: DG 110261-S
PREMISES:
94-26 34th Road, Apt. A-6
PETITIONER Jackson Heights, N.Y.
----------------------------------X
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 the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
The owner interposed an answer to the tenants' complaint
contending, that the tenant refused access to the owner's
representative to investigate the complaints, that the tenants
does not want the repairs performed, that the tenant is harrassing
the owner, and that the tenant was sent a certified letter to
schedule access to perform repairs.
The tenant interposed a response to the owner's answer stating she
had sent a certified letter to the owner indicating that she would
not be home on such short notice to commence repairs, having
received the owner's request for access one day prior to the date
scheduled.
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 stabilized rent.
The tenant filed an affirmation of non-compliance which indicated
DL 110261 RO
that the owner failed to correct or restore the services for which
the rent was reduced.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed prior to the issuance
of the Administrator's order.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted no evidence to substantiate the
contention either while the proceeding was pending before the
Administrator or by attachment to his petition. Accordingly,
based on a preponderance of the evidence the owner has offered
insufficient reason to disturb the Administrator's order, and it
should be affirmed.
THEREFORE, in accordance with 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 that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
