Docket Number: FA 120354-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.: FA 120354-RO
DISTRICT RENT ADMINISTRATOR'S
OMNIA PROPERTIES INC./LEWIS MARKS, DOCKET NO.: DI 120700-S
SUBJECT PREMISES:
123-35 82 Rd., Apt. No. 6K,
PETITIONER Kew Gardens, N.Y. 11415
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 5, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on December 18, 1990,
by the Rent Administrator of the Gertz Plaza, Jamaica, District
Rent Office 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
issue raised by the administrative appeal.
This proceeding was originally commenced on September 28, 1989 by
the tenant filing a complaint that the owner failed to maintain
certain services in the subject apartment.
In its answer filed on November 22, 1989, the owner/agent asserted
inter alia that it "will continue to pursue a resolution to the
problem through the channels available to us."
In another answer filed on April 19, 1990, the owner/agent asserted
in substance that repairs had been performed in the subject
apartment.
Thereafter on August 27, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On October 29, 1990, the tenant wrote DHCR that defective conditions
continue to exist.
Based on said inspection, the Administrator directed on December 28,
1990 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner/agent contends in substance that upon
receipt of the order appealed from, it is "attending to this work
immediately."
Docket Number: FA 120354-RO
In reply, the tenant states in substance that repairs were only
completed after the order's issuance, i.e. "not finally taken care
of until January 1991."
The record is clear, uncontested by the parties, that repairs were
completed after the Administrator's order was issued. Then the
Administrator's order based on the inspection finding decreased
services, warranting rent reduction, is correct when issued.
This Order and Opinion is issued without prejudice to the owner
filing an 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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