Docket No: FE 110160-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FE 110160-RO
PASHKO GJOKAJ, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DD 110032-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on April 19, 1990 concerning the housing
accommodations relating to the above-described docket number.
This administrative appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
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 April 3, 1989, 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 May 12, 1989, the owner asserted inter alia
that all required repairs had been or will be completed.
Thereafter on April 2, 1990, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
The Administrator directed on April 19, 1990 the restoration of
these services and further ordered a reduction of the stabilization
In this petition, the owner contends in substance that repairs have
In reply, the tenant states that "no repairs have ever been made"
and that "the conditions have gotten worse."
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
It is noted that the tenant in reply to the petition denied any
repairs made by owner. While 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
Docket No: FE 110160-RO
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.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby