Docket Number: FF 510110-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 510110-RO
:
DISTRICT RENT ADMINISTRATOR'S
WILFRED GOODEN/1809-11 : DOCKET NO.: DK 520483-S
AMSTERDAM AVE. HOLDING CORP.,
: Subject Premises:
1809-11 Amsterdam Ave., Apt. No. 1E,
PETITIONER : New York, N.Y. 10031
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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 April 10, 1991, concerning the housing
accommodations relating to the above-described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2202.16 of the Rent and Eviction Regulations.
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 originally commenced on November 27, 1989 by the
tenant filing a complaint because the owner failed to maintain
certain services in the subject apartment.
In its answer filed on December 21, 1989, the tenant denied the
allegations set forth in the tenant's complaint and otherwise
asserted that all repairs had been completed.
Thereafter on February 13, 1991 and March 21, 1991, inspections of
the subject apartment were conducted by a D.H.C.R. inspector who
confirmed the existence of defective conditions.
Based on said inspection, the Rent Administrator directed on April
10, 1991 the restoration of these services and further ordered a
reduction of the stabilized rent.
In this petition, the owner contends in substance that repairs were
completed as indicated by a March 18, 1991 work order signed by the
tenant.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The work order dated March 28, 1991 purportedly signed by the tenant
does not show that the tenant withdrew its complaint. Regardless of
the tenant's signature, the owner has a duty to insure that all
repairs were completed and done in a workmanlike manner. The
inspector's report shows that the repairs claimed in the proceeding
below were not made. Moreover, the owner had seventeen months from
Docket Number: FF 510110-RO
the date of service of the tenant's complaint until the issuance of
the Administrator's order to investigate these defects and to make
necessary repairs, but the owner failed to do so.
This Order and Opinion is issued without prejudice to the owner
filing an application for restoration of services, if the facts so
warrant.
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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