Docket Number: FE 430270-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 430270-RO
SOLIL MANAGEMENT CORP./ DISTRICT RENT ADMINISTRATOR'S
RONALD J. LICHTMAN, DOCKET NO.: FB 430052-HW
SUBJECT PREMISES:
206 West 104th Street
PETITIONER New York, NY 10034
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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 3, 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.
The original proceeding was commenced on December 22, 1990 by
various tenants filing a complaint asserting that the owner had
failed to maintain certain services in the subject apartment.
In its answer filed on March 14, 1991, the owner denied the
allegations set forth in the tenants' complaint and otherwise
asserted that repairs had been completed.
Thereafter on March 20, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
Based on the inspection, the Administrator directed on May 3, 1991
restoration of these services and further ordered a reduction of
the legal regulated rent.
In this petition, the owner denies in substance the findings of the
inspection and otherwise alleges that the building is well-main
tained.
In reply, various tenants allege that the defective conditions still
exist.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
It is not clear whether the owner contends that repairs had been
made before the apartment was inspected or the order was issued, or
whether the owner contends 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, the tenants dispute these repairs
Docket Number: FE 430270-RO
in their reply to the petition while the Administrator's order
reducing the rent was still correct when issued.
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
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
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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