Docket Number: FE 110141-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FE 110141-RO
:
TENTH FROGMOUTH CORP.
MICHAEL BLUTH, : DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: FA 130099-HW
PETITIONERS :
------------------------------------X SUBJECT PREMISES: 90-10 149th St.,
Jamaica, New York 11435
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 1, 1991, the above-named owner filed a timely Petition for
Administrative Review of an order issued on April 19, 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 January 16, 1991, the tenant commenced this proceeding by filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment.
In its answer filed on February 15, 1991, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs had been or will be completed.
Thereafter on March 11, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions, i.e. that the hot water services are
inadequate in the subject apartment.
The Administrator directed on April 19, 1991 restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner denies in substance the credibility of
the inspection report because 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 it is the owner's
contention that repairs had been made before the apartment was
inspected or 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.
Docket Number: FE 110141-RO
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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