Docket Number: FD-210025-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 210025-RO
:
CAPE MANAGEMENT CORP., DISTRICT RENT ADMIN.
: DRO DOCKET NO.: DK 210288-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 4, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 1, 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 15, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject premises.
In its answer dated January 15, 1990, the owner alleged that all
required repairs have been completed and showed the tenant's
signature on a statement dated January 17, 1990 stating "All repairs
have been completed and I am satisfied."
Thereafter on February 7, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On March 1, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed. A tenant's statement
dated March 1, 1991 that repairs were completed was submitted by the
owner.
After careful consideration, the Commissioner is of the opinion that
the 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
by the report of the agency inspector. If it is the latter, then
the Rent Administrator's order reducing the rent was nevertheless
Docket Number: FD-210025-RO
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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