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 120144-RO
SKAROS REALTY CORP. RENT ADMINISTRATOR'S
DOCKET NO.: EF 120113-OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 8, 1991, the above-named petitioner-owner filed a petition
for administrative review of an order issued on April 4, 1991, by
the Rent Administrator, concerning the housing accommodation known
as 37-06 72nd Street, Jackson Heights, NY Apartment No. 6-I,
wherein the Administrator denied the owner's rent restoration
application upon a finding that apartment services had not been
restored.
The Commissioner has reviewed all of 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 commenced by the filing June 13, 1990 of an
owner's application to restore rent which had been reduced by order
dated June 6, 1990. An inspection of the subject apartment by a
Division employee on December 31, 1990 determined that the
conditions which resulted in the rent reduction order had not been
remedied. Accordingly the Administrator denied the rent
restoration by order dated April 4, 1991.
In its PAR the owner contends that all appropriate repairs to
remedy the conditions listed in the Administrator's order of April
4, 1991 have been made. The owner specifically advises that the
repairs were made after the Division's inspection of December 31,
1990.
The Commissioner is of the opinion that this petition should be
denied. The owner has provided no evidence to indicate that the
Administrator's order denying the rent restoration was incorrect.
In fact, the owner advises that the repairs were made after the
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DOCKET NUMBER: FD 120144-RO
date of Division's inspection. If such repairs were made prior to
the issuance of the Administrator's order there is no evidence in
the record to indicate same.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the
December 31, 1990 physical inspection; and that pursuant to Section
2202.16 of the Rent and Eviction Regulations, a rent reduction is
warranted based on the finding that the owner has failed to
maintain essential services.
THEREFORE, in accordance with the City Rent Control Law and the
Rent and Eviction Regulations, it is
ORDERED, that this petition be and the same hereby is denied, and
the Administrator's order issued on April 4, 1991 be and the same
hereby is affirmed.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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