Docket Number: FD-420154-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 420154-RO
MALLARD MANAGEMENT CORP. DISTRICT RENT ADMINISTRATOR'S
c/o RUDD REALTY MGMT., CO. : DOCKET NO.: DJ 420756-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 16, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 11, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2202.16 of the Rent and Eviction Regulations.
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 3, 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 6, 1989, the owner asserted that
"the tenant's complaints have been responded to.
Thereafter on January 22, 1991 and January 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 11, 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 it did not receive the tenant's complaint prior to
the issuance of the order and it already repaired all defective
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Contrary to the owner's assertions, it timely received the tenant's
complaint and filed an answer thereto.
Docket Number: FD-420154-RO
In addition, 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 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 and Eviction Regulations, it
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby