Docket Number: FA 630368-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 630368-RO
DISTRICT RENT ADMINISTRATOR'S
MARUD MGMT CORP./MARK OFSHSTEIN, DOCKET NOS.: EH 630013-OR
DF 630119-B
SUBJECT PREMISES:
152-156 East 171st Street
PETITIONER Bronx, N.Y. 10452
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 15, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on December 12, 1990
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
issue raised by the petition.
On August 3, 1990, the owner commenced this proceeding by filing an
application to restore rent based on the restoration of services.
Although the tenants were informed to do so, the tenants failed to
respond to the owner's application.
Thereafter on November 9, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
continued existence of some defective conditions, i.e. that the
"[p]ublic areas are dirty" and the "[b]uilding entrance door is
missing at 152." However, the inspection report stated that there
is "[n]o evidence of rodent infestation in public areas" and "of
garbage accumulation in courtyard."
The Administrator granted in part on December 12, 1990 the owner's
application, restoring the legal regulated rent in the amount of
$9.00 per month.
In this petition, the owner states in substance that all repairs
have been performed.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's petition does not make clear whether the owner contends
that repairs on the remaining defective conditions had been made
before the apartment was inspected or the order was issued, or
whether the owner contends that repairs were made following the
issuance of the Administrator's order.
Docket Number: FA 630368-RO
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
Administrator's order was nevertheless correct when issued.
THEREFORE, in accordance with the Rent and Eviction Regulations, 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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