FE 210318 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 210318 RO
COSMOS REALTY AND MANAGEMENT,
DRO DOCKET NO.: EL 210282 S
PREMISES: 125 LENOX ROAD
APARTMENT B7, BROOKLYN, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer, the owner asserted that all required repairs had
Thereafter an inspection of the subject premises was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of defective conditions.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the Stabilization Rent.
In its petition for administrative review, the owner states, in
substance, that 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 before 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 correct when issued.
FE 210318 RO
This order is issued without prejudice to the owner's right to
file an application for a restoration of rent, based on a
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.