FB 120212-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.:
FB 120212-RO
NIKIANA REALTY CORPORATION,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER EF 120030-OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner, filed 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 of 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 by filing an application to
restore the rent of the subject apartment based on its allegation
of restored services.
In his answer, the tenant denied the allegations set forth in the
owner's application.
Thereafter an inspection of the subject apartment was conducted
by a D.H.C.R. inspector who noted the continued existence of
defective conditions.
The Rent Administrator found that no restoration of services had
occured and further denied the owner's application.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's petition does not make clear whether it is the own-
er's contention that repairs had been made before the order was
issued or whether the contention is that repairs were made fol-
lowing the issuance of the Rent Administrator's order. If it is
the former, the Commissioner notes that the owner has offered no
evidence to substantiate this contention. If it is the latter,
then the Rent Administrator's order denying the application was
nevertheless correct when issued, and this order is issued with-
out prejudice to the owner's refiling a restoration of services
FB 120212-RO
application.
THEREFORE, in accordance with the Rent and Evictions Regulations
for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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