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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FH 410364 RO
WHITEYARD INDUSTRIES, INC./ DISTRICT RENT ADMINISTRATOR'S
CLARENCE LEMLE, DOCKET NO.: EJ 410494-S
96 Perry Street, Apt. No. B21A
New York, New York 10014
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on June 10, 1991, 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 on October 17, 1990 by filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment.
Although duly notified to do so on October 25, 1990, the owner
failed to respond to the tenant's complaint.
Thereafter on April 19, 1991, the subject apartment was inspected
by DHCR which confirmed the existence of numerous defective
The Administrator directed on June 10, 1991 restoration of these
services and reduction of the stabilized rent.
In this petition, the owner contends in substance that services
had been restored after the Administrator's order was issued, as
indicated by the tenant's sworn statement on August 6, 1991.
The owner admits that services had been restored subsequent to the
issuance of the Administrator's order. Accordingly, the
Administrator's order based on the inspection finding decreased
services was correct when issued.
This Order and Opinion is issued without prejudice to the owner's
FH 410364 RO
filing an application with DHCR for rent restoration based on the
restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA