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.:EK110321RO
G & H Realty/ Helen Siderakis, RENT ADMINISTRATOR'S
DOCKET NO.:EC110106OR
SUBJECT PREMISES:
183-14 140 Avenue
Apt. 1st Floor
Springfield, 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 October 15, 1990 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 owner commenced this proceeding on March 13, 1990 by filing an
application to restore rent based on the restoration of services.
DHCR mailed a copy of the owner's application to the tenant.
On September 13, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the continued
existence of defective conditions.
By an order dated October 15, 1990, the Administrator denied the
owner's application.
In this petition, the owner contends in substance that all work was
done.
DHCR mailed a copy of the petition to the tenant who filed an answer
denying the allegations in the petition.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
EK110321RO
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
September 13, 1990 inspection which confirmed the continued
existence of defective conditions, warranting the denial of the
owner's application.
The Commissioner notes that another owner's rent restoration
application (FB110062OR) was denied on May 8, 1991.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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