Docket Number: FH 110170-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.: FH 110170-RO
DISTRICT RENT ADMINISTRATOR'S
JAIME ASSOCIATES/AARON SOKOL, DOCKET NO.: DK 110309-S
SUBJECT PREMISES:
PETITIONER 102-30 Queens Blvd., Apt. 1J
----------------------------------X Forest Hills, NY 11375
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 15, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on July 18, 1991,
concerning t e 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 Code.
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 on November 14, 1989 by filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment including, but not limited to, a
missing "bedroom door saddle" and the "living room right closet
doors" needing "adjustment".
In its answer filed on December 18, 1989, the owner asserted that
all required repairs had been and would be completed.
Thereafter on July 1, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
The Administrator directed on July 18, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends in substance that all repairs
"have been satisfactorily completed" on July 30, 1991 as signed by
the tenant; and that the installation of the bedroom saddle was
delayed by the tenant's plan to install new carpeting.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Although the owner may have offered some evidence that the tenant
possibly delayed the installation of the bedroom door saddle, the
owner's petition as a whole is unclear as to repairing these
Docket Number: FH 110170-RO
defective conditions. If the owner contends that repairs had been
made before the apartment was inspected or the order was issued,
then the owner's contention is belied by the report of the agency
inspector. If the owner contends as indicated by the tenant's
signature that repairs were made following the issuance of the
Administrator's order, then the Administrator's order reducing the
rent was nevertheless 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.
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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