Docket Number: FD-110043-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.: FD 110043-RO
:
THE KIBEL CO./ D. DIBBS, DRO DOCKET NO.: DK 110494-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 9, 1991, the above-named owner filed a timely Petition for
Administrative Review of an order issued on March 18, 1991,
concerning t e 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.
On November 27, 1989, the tenant commenced this proceeding by
filing a complaint that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on December 18, 1989, the owner asserted that
all required repairs have been performed.
On January 9, 1991, the tenant affirmed that the conditions
complained of have not yet been resolved.
Thereafter on March 7, 1991, an inspection of the subject apartment
was conducted by a DHCR inspector who confirmed the existence of
defective conditions.
On March 18, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner states in substance that all repairs
have been made.
The Commissioner is of the opinion that this petition should be
denied.
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was
inspected or the order was issued, or whether the contention is that
repairs were made following the issuance of the Rent Administrator's
order. If it is the former, then the owner's allegation is belied
Docket Number: FD-110043-RO
by the report of the agency inspector. If it is the latter, then
the Rent Administrator's order reducing the rent was nevertheless
correct when issued, and this order is issued without prejudice to
the owner filing an application for restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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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