FF 130688-RT
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 130688-RT
CAROLE MASTRANGELO, RENT ADMINISTRATOR'S
DOCKET NO.:
FC 130029-RK
PETITIONER PREMISES: 53-01 32 Ave.
----------------------------------x Woodside, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The representative of the tenants' association of the subject
building filed a timely petition for administrative review of an
order issued concerning the building relating to t e above des-
cribed docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition.
The owner commenced this proceeding by filing an application to
restore rents asserting that it had restored and was maintaining
all services in the subject building.
In their answer, the tenants denied the allegations set forth in
the owner's application or otherwise asserted that all required
repairs had not be effectuated.
Thereafter an inspection of the subject building was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the restoration and maintenance of services.
The Rent Administrator found a restoration of servic s and fur-
ther ordered, a restoration of the stabilized rents.
In its petition for administrative review, the tenant ' associa-
tion states, in substance, that service deficiencies exist in the
building.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenants' petition does not make clear whether it is their
contention that service deficiencies existed before the building
was inspected or the order was issued or whether the contention
is that service deficiencies occurred following the issuance of
FF 130688-RT
the Rent Administrator's order. If it is the former, then the
allegation is belied by the report of the agency inspector. If
it is the latter, than the Rent Administrator's order restoring
the rents was nevertheless correct when issued, and this order is
issued without prejudice to the tenants' rights to file a new
application for rent reductions if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code and the Emergency Tenant Protection Act of
1974, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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