Docket Number: FF 110144-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 110144-RO
:
DISTRICT RENT ADMINISTRATOR'S
S. SIRULNICK/DITMAS MANAGEMENT, : DOCKET NO.: DJ 110416-S
SUBJECT PREMISES:
: 1012 Nameoke St., Apt. No.1-E,
Far Rockaway, NY 11691
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 28, 1990, 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 petition.
On October 4, 1989, the tenant commenced this proceeding by filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment.
In its answer filed on December 21, 1991, the owner asserted that
repairs had been performed and will be completed.
Thereafter on December 12, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
Based on said inspection, the Administrator directed on December 28,
1990 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner denied the results of the inspection
because these services are part of "normal building maintenance,"
which is provided. The owner also asserted that the tenant refused
access.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's contention that tenant refused access was not raised in
the proceeding below and before the order's issuance. The owner
only brought forth this self-serving and unproven defense for the
first time on appeal.
More importantly, the owner's petition does not rebut the inspection
Docket Number: FF 110144-RO
finding decreased services, warranting rent reduction.
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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