Docket Number: FD-210251-RO
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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 210251-RO
:
FANSAM PROPERTIES/SAM FARKAS, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DJ 210226-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on February 12, 1991, concerning the
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 November 14, 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 18, 1989, the owner asserted that
all required services had been completed as of December 2, 1989.
Thereafter on March 4, 1990, July 10, 1990 and November 21, 1990,
inspections of the subject apartment were conducted by a D.H.C.R.
inspector who confirmed the existence of defective conditions.
On February 12, 1991, the 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 were completed after the issuance of the
order.
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
Docket Number: FD-210251-RO
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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