Docket No. DC 730340-RO, DH 730174-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.:DG 730340-RO
DH 730174-RO
DISTRICT ADMINISTRATOR'S
DOCKET NO. DE 710011-B
Premises: 750 Shore Road,
John P. Loconsolo Long Beach, NY
C/O Lo Ro An Realty 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 described above.
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 tenants commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject premises.
The owner did not interpose an answer to tenant's complaints.
The Rent Administrator ordered a reduction of the regulated
rent.
In its petition for administrative review, the owner states,
that the premises are a co-op and the owner is as such not
responsible for the defects complained of by the tenants
The Commissioner is of the opinion that this petition should
be denied.
The owner did not answer the tenants' complaints below.
Having failed to do so, the owner's answer will not be heard by
the Commissioner for the first time on appeal.
This order is issued without prejudice to the owner's right
to file the appropriate application for restoration of the rent,
if the facts so warrant.
THEREFORE, in accordance with the provisions of the Tenant
Protection Regulations it is
ORDERED, that this petition for administrative review be, and
Docket No. DC 730340-RO, DH 730174-RO
the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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