Docket NO: FE 130115-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 130115-RO
J.R.R. REALTY CO./ DISTRICT RENT ADMINISTRATOR'S
CHAIM BABAD, : DOCKET NO.: EE 130003-HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 10, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 2, 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
issue raised by the administrative appeal.
This proceeding was commenced on April 28, 1990 when various tenants
filed a complaint asserting that the owner had failed to maintain
certain services in the subject premises.
In its answer filed on May 22, 1990, the owner asserted that all
required repairs in this cooperative building had been completed.
In a letter to DHCR, the tenants made an affirmation that the owner
had continued to fail to maintain certain services.
Thereafter on September 14, 1990, 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 April 2, 1991 restoration of these
services and further ordered a reduction of the legal regulated
In this petition, the owner repeats its answer below that in this
cooperative building all required services are being provided and
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's contention that all required repairs in this cooperative
building had been completed is unproven in the proceeding below and
in this petition. The owner failed to rebut the inspection finding
decreased services, warranting rent reduction.
It is noted that a search of DHCR records shows stabilized/rent
controlled apartments in the subject building. Even if the building
Docket NO: FE 130115-RO
turned coop the owner is still required to maintain services as long
as the tenants reside in the building.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and 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