Docket No: FE 510114-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 510114-RO
:
35 HAMILTON REALTY/ DISTRICT RENT ADMINISTRATOR'S
MARTIN KIRZNER, : DOCKET NO.: EK 510039-HW
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 8, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 30, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
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 November 30, 1990 by the tenant
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on December 13, 1990, the owner denied the
allegations set forth in the tenant's complaint and asserted that
"as of this time we have found no problems in the apartment."
Thereafter on February 16, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On April 30, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner states in substance that on the day of
inspection, February 6, 1991, repairs were completed.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's petition contends that repairs had been made during the
inspection and before the order was issued. The owner's contention
is belied by the report of the agency inspector.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
Docket No: FE 510114-RO
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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