Docket Number: FD-410125-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 410125-RO
:
DOWNING MANAGEMENT CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EJ 410711-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 11, 1991, by the
Rent Administrator of the Gertz Plaza, Jamaica, District Rent Office
concerning the housing accommodations in 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 October 23, 1990, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On November 5, 1990, the owner filed an answer asserting that "all
complaints were investigated - all repairs were made where
necessary."
Thereafter on December 13, 1991, an inspection of the subject
housing accommodation was conducted by a D.H.C.R. inspector who
confirmed the existence of defective conditions.
The Administrator directed on March 11, 1991 restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner alleged in substance that some repairs
were made after the inspection and before the issuance of the order
and that others would be completed pending agreed availability of
the tenant.
The Commissioner is of the opinion that this petition should be
denied.
Docket Number: FD-410125-RO
The owner's allegations below and in this petition are unsupported.
It is not 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 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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