EE 110419 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.: EE 110419 RO
TARIQ SHERWANI MANAGEMENT CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DD 110120-S
PREMISES: 47-07 39th Street
Apt. 3D, Long Island City, NY
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
in the subject premises.
In its answer, the owner asserted that repairs were being made.
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 regulated rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed. To document its
assertions, owner includes with its petition a signed work order
from the tenant, said work order indicating that repairs have been
performed. Owner also stated that tenant was rent-stabilized.
The Commissioner is of the opinion that this petition should be
The owner did not serve the work order upon the Administrator,
although it had an opportunity to do so. Having thus failed to
notify the Administrator below that tenant agreed that services
were restored, the owner cannot do so for the first time on
appeal. Moreover, the physical inspection report disclosed that
the complained of conditions existed.
As for owner's contention that the tenant is rent-stabilized, an
Amended Order was issued on June 21, 1990 recognizing this fact.
EE 110419 RO
This order is issued without prejudice to the owner's filing an
application for rent restoration, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed by the tenant
as a result of the Administrator's Order.
JOSEPH A. D'AGOSTA