Docket Number: FE 210233-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 210233-RO
DISTRICT RENT ADMINISTRATOR'S
HERBERT HOFFMAN, DOCKET NO.: EL 210373-S
SUBJECT PREMISES:
PETITIONER 1671 E. 17th St., Apt. No. 4E
-----------------------------------X Brooklyn, NY 11229
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 17, 1991, the above-named owner filed a Petition for
Administrative Review against an order issued on April 23, 1991 by
the Rent Administrator, Gertz Plaza, 92-31 Union Hall Street,
Jamaica, New York, 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 administrative appeal.
The original proceeding was commenced on December 21, 1990, by the
tenant filing a complaint asserting the owner failed to maintain
certain services in the subject apartment.
In its answer filed on January 23, 1991, the owner asserted that
"(a)ll requested work has been completed."
Thereafter on February 28, 1991, the subject apartment was inspected
by D.H.C.R. which confirmed the existence of defective conditions.
Based on said inspection, the Administrator directed on April 23,
1991 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner contends in substance that all repairs
were made.
After careful consideration, the Commissioner is of the opinion that
this 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 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 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 210233-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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