Docket Number: FF 110046-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.: FF 110046-RO
:
DISTRICT RENT ADMINISTRATOR'S
VIG ASSOCIATES/RAMESH C. VIG, DOCKET NO.: ED 110109-S
:
SUBJECT PREMISES: 43-31 Ithaca St.
PETITIONER : Apt. No. 604, Elmhurst, NY 11373
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 6, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on May 22, 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
issue raised by the administrative appeal.
This proceeding was commenced on March 6, 1990 when the tenant
filed a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on April 30, 1990, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that all required repairs had been performed.
Thereafter on April 16, 1991, 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 May 22, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner states inter alia that repairs had been
performed as indicated by a April 2, 1990 inspection under Docket
No. ZAK-110138-S.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
It is noted that the alleged repairs belong to another Docket Number
in the Compliance Unit, which is irrelevant to this current
petition; that the Administrator's order is based on a recent
inspection finding decreased services and thus warranting rent
reduction; and that the owner had thirteen months from the service
of the tenant's complaint to the issuance of the order appealed from
to investigate the tenant's complaint and to make the necessary
repairs, but the owner failed to do so.
Docket Number: FF 110046-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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