FF 620185-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 620185-RO
RALPH LANGSAM ASSOC., INC. RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER FB 620345-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner, filed a petition for administrative
review of an order issued on June 6, 1991 by a Rent Administrator
concerning the rent-controlled housing accommodations known as
Apartment E, at 1352 University Avenue, Bronx, New York, wherein
the Rent Administrator determined that the owner had not main-
tained services and accordingly reduced the rent.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition.
The tenant commenced this proceeding by fili g a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment.
In its answer dated March 27, 1991 the owner deni d the allega-
tions set forth in the tenant's complaint and asserted that all
required repairs had been completed. Enclosed with the answer
was an undated receipt documenting the completion of certain
repairs, signed by the tenant.
Subsequently, on May 24, 1991, an inspection of the subject
apartment was conducted by a Division of Housing and Community
Renewal inspector who confirmed the existence of defective
conditions.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed, and encloses the
same undated receipt it submitted below.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's contention that repairs had been made before the
apartment was inspected is belied by the report of the agency
FF 620185-RO
inspector which confirms that the defective conditions had not
been repaired. The contention that the globe on the bathroom
fixture was not part of the original complaint is without merit.
The complaint clearly refers to the bathroom light fixture, and
the installation of the new fixtu e without an essential com-
ponent is not a full restoration of service.
This Order and Opinion is issued without prejudice to the owner's
right to file an application with the Division for a restoration
of rent based upon a restoration of services, if the facts so
warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations
of New York City,
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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