Docket Number: FD-110169-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 110169-RO
:
S. SIRULNICK/ DITMAS MANAGEMENT, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DJ 110400-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 15, 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 October 4, 1989, 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 December 21, 1989, the owner asserted that
"work order (had been) issued."
Thereafter on November 26, 1990, November 30, 1990 and March 7,
1991, inspections of the subject housing accommodation were
conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
On March 18, 1991, the Administrator issued an order based on said
inspections directing restoration of these services and further
ordering a reduction of the stabilization rent.
In this petition, the owner contends that all services are being
maintained and defective conditions removed.
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 before 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 by the report of the agency inspector. If it
Docket Number: FD-110169-RO
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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