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.:
EC610306RO
(Refile of DL610309RO)
Alherb Management, RENT ADMINISTRATOR'S
DOCKET NO.:
CJ610495S
PREMISES: Apt.5J
2121 Matthews Ave.
Bronx, 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 on November 28, 1989 concerning the
housing accommodations relating to the above-described docket
number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on October 11, 1988 by
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
In an answer filed on November 1, 1988, the owner asserted that the
tenant refused repairs.
DHCR notified the owner and the tenant of an inspection to be held
in the premises.
Thereafter, a No Access inspection of the subject apartment was
conducted on November 8, 1989 by a DHCR staff member who confirmed
that there was peeling paint and plaster in the bathroom ceiling,
and that the entire apartment needed painting. The inspection
report does not show the owner's presence at the time of
inspection.
By an order dated November 28, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
EC610306RO
In the petition for administrative review, the owner contends that
the tenant was informed by certified mail of a date for repairs,
but the tenant refused. PC9
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