Docket Number: FD-110147-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 110147-RO
:
POMONOK CREST APARTMENTS, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EE 110647-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 12, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 5, 1991,
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
issues raised by the administrative appeal.
On April 18, 1990, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on August 15, 1990, the owner denied the
tenant's complaint or otherwise asserted that all required repairs
would be completed.
Thereafter on August 8, 1990, February 19, 1991 and February 25,
1991, inspections of the subject apartment were conducted by a
D.H.C.R. inspector who confirmed the existence of defective
conditions.
On March 5, 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 repairs had
been performed.
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted no evidence to substantiate the contention
either while the proceeding was pending before the Administrator or
by attachment to its petition.
Docket Number: FD-110147-RO
The record clearly shows that inspections before the order's
issuance reported the existence of defective conditions.
Accordingly, based on a preponderance of the evidence, the owner has
offered insufficient reason to disturb the Administrator's order,
and it should be affirmed.
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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