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.:EL120254RO
Skaros Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.:EE120043OR
SUBJECT PREMISES:
37-06 72 Street
Apt. 4F
Jackson Heights, 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 December 10, 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 May 4, 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 November 23, 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 December 10, 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.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the November 23, 1990 inspection which confirmed the continued
EL120254RO
existence of defective conditions, warranting the denial of the
owner's application.
The owner's rent restoration application (EL120114OR) was granted on
April 3, 1991.
THEREFORE, in accordance with the Rent and Eviction Regulations and
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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