Docket Number: FD-510172-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 510172-RO
:
JOVA MANAGEMENT CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: EC 510175-OR
PETITIONER : DB 510131-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 17, 1991, the above-named owner filed a timely Petition for
Administrative Review of an order issued on April 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 March 28, 1990, the owner commenced this proceeding by filing an
application for rent restoration based on restoration of services
and tenant's consent to same.
Thereafter on November 13, 1990 and November 23, 1990, an inspection
of the subject apartment was conducted by a D.H.C.R. inspector who
confirmed that services have not been restored.
On April 1, 1991, the Administrator issued an order based on said
inspection, denying the owner's request and continuing the rent
reduction in effect.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed after the November 1990
inspection and prior to the issuance of the Administrator's order.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted insufficient evidence to substantiate the
contention either while the proceeding was pending before the
Administrator or by attachment to this petition. Accordingly, based
on a preponderance of the evidence the owner has offered
insufficient reason to disturb the Administrator's order based on
the November 1990 inspection, and it should be affirmed.
Docket Number: FD-510172-RO
This Order and Opinion is issued without prejudice to the owner
filing another application for restoration of services if the facts
so warrant.
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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