Docket No: FA 210028-RO
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.: FA 210028-RO
:
SANDOR VASVARI, DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: EC 210196-OR/
PETITIONER : BD 210036-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 3, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on December 5, 1990,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced on March 30, 1990 when the owner
filed an application to restore rent based on the restoration of
services.
In its answer filed on May 22, 1990, the tenant objected to the
owner's application.
Thereafter on November 8, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
continued existence of defective conditions.
The Administrator denied on December 5, 1990 the owner's
application.
In this petition, the owner states in substance that repairs had
been completed as indicated by bills dated in 1987 and 1988.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's contention that repairs were made before the tenant's
complaint, before the inspection and before the issuance of the
Administrator's order is belied by the report of the agency
inspector who confirmed the continued existence of defective
conditions, warranting denial of the owner's application for rent
restoration. It is noted that bills or repair submitted by the
owner are without bearing in time and content to the tenant's
complaint.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
Docket No: FA 210028-RO
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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