Docket Number: FE 110364-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.: FE 110364-RO
DISTRICT RENT ADMINISTRATOR'S
JAIME ASSOCIATES/ DOCKET NO.: ED 110969-S
MICHAEL KLUGER,
SUBJECT PREMISES:
102-30 Queens Blvd., Apt. No. 3D,
PETITIONER Forest Hills, NY 11375
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 24, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on May 1, 1991, concerning
the 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 April 27, 1990, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer dated August 6, 1990, the owner denied the allegations
set forth in the tenant's complaint and asserted inter alia that
repairs had been completed in or about May 1990.
Thereafter on April 22, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Administrator directed on May 1, 1991 restoration of these
services and further ordered a reduction of the legal regulated
rent.
In this petition, the owner contends in substance that the tenant
signed a statement on July 23, 1990 that required repairs had been
made.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The work order dated July 23, 1990 purportedly signed by the tenant
does not show that the tenant withdrew its complaint. Regardless of
the tenant's signature, the owner has a duty to insure that all
repairs were completed and done in a workmanlike manner. The
inspector's report shows that the repairs claimed in the proceeding
below were not made. Moreover, the owner had fourteen months from
the date of service of the tenant's complaint until the issuance of
Docket Number: FE 110364-RO
the Administrator's order to investigate these defects and to make
necessary repairs, but the owner failed to do so.
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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