Docket Number: FF 510142-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 510142-RO
:
DISTRICT RENT ADMINISTRATOR'S
148 W. 142 REALTY/ DOCKET NO.: EH 510233-S
MARTIN KIRZNER, :
SUBJECT PREMISES: 148 West 142 St.,
PETITIONER : Apt. No. 54, New York, NY 10030
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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.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Law and
Code.
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 August 9, 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 September 11, 1990, the owner asserted that
"we are pleased to inform you that all repairs have been completed."
Thereafter on September 27, 1990, 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 December 28, 1990 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner states that "all the necessary repairs
have been made" and submits a work order dated January 30, 1991.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's contention is that all repairs were made after the
Administrator issued the order. Then, said order based on the
inspection finding decreased services was correct when issued.
This Order and Opinion is issued without prejudice to the owner
filing an application for restoration of services if the facts so
warrant.
Docket Number: FF 510142-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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