Docket Number: FF 210258-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 210258-RO
DISTRICT RENT ADMINISTRATOR'S
EL-SO REALTY CO., DOCKET NO.: FA 210542-S
Premises: 245 Hawthorne St.,
PETITIONER Apt. D-1, Brooklyn, NY
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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 concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the petition.
The owner interposed an answer to the tenant's complaint, contend
ing that all repairs had been completed.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who confirmed the existence of a defective
condition.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the legal regulated rent.
In its petition for administrative review, the owner states, in
substance that a cracked window pane is not a violation does not
warrant a rent reduction, that the cracked window is the inner
glass pane revealing that it was tenant induced.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's response before the Administrator, that the defective
condition was repaired is inconsistent with its contention that the
defective condition was tenant induced.
The record notes that a agency inspector confirmed a defective
condition subsequent to the owner stating that all repairs had been
completed.
The Commissioner can not entertain the owner's unsupported
assertion of tenant induced defective condition which is raised for
the first time on appeal.
This order is issued without prejudice to the owner filing a
restoration of services application.
Docket Number: FF 210258-RO
THEREFORE, in accordance with the Rent Stabilization 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
that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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