ED 610369 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.: ED 610369 RO
AMERICAN REALTY, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DA 610588-S
PREMISES: 2723 Barnes Ave., #7A
Bronx, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a 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 premises.
In his answer, the owner denied the allegations set forth in the
tenants' complaint or otherwise asserted that all required repairs
had been or would be completed.
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 stabilization rent.
In his 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's
allegation is belied by the report of the agency inspector. If it
is the latter, then the Rent Administrator's order reducing the
rent was correct when issued.
The Commissioner notes that the owner's application for a
ED 610369 RO
restoration of rent, based on a restoration of services, under
docket number EB 610063-OR, was granted on October 18, 1990.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA