Docket Number: FG 610331-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.: FG 610331-RO
1454 G.C.L.P. REALTY, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: FC 610066-S
Premises: 1454 Grand Concourse
PETITIONER Apt. 6B, Bronx, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled 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 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 filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
On March 11, 1991, the owner interposed an answer to the tenant's
complaint which stated, it made numerous efforts to gain access to
perform repairs, that we are going into court with the tenant on
March 27, 1991 and therefore request an extension of time.
Owner's response is submitted without any documentation to the
facts it presented.
On May 1, 1991, an inspection of the subject apartment was
conducted by a DHCR inspector who confirmed the existence of
defective conditions.
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 asserts that
the services found to be defective had been repaired and that
there is monthly exterminator service.
The tenant interposed an answer to the owner's petition which
states in pertinent part, that the repairs the owner alleged to
have repaired are still defective, that vermin still exist in her
apartment.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's petition does not negate the fact that defective
conditions existed. The owner's petition does not make it clear
Docket Number: FG 610331-RO
when repairs have been effected or substantiate that repairs were
even performed. The owner indicated in its response below that it
might gain access after a court date with the tenant. However the
record below does not contain any response from the owner that
repairs were effected, or substantiate its allegation at no
access.
The Commissioner notes that the inspection report confirmed
existence of defective conditions, that the owner submitted no
evidence to substantiate its contention either while the
proceeding was pending before the Administrator or by attachment
to its petition, and that the tenant asserts at PAR that
conditions are still defective. Accordingly, based on a
preponderance of the evidence the owner has offered insufficient
reason to disturb the Administrator's order.
This Order is issued without prejudice to the owner filing a
restoration of services application.
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:
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ELLIOT SANDER
Deputy Commissioner
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