FH 510363 RO
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 510363-RO
DISTRICT RENT ADMINISTRATOR'S
PAPAN MAHARAJ, DOCKET NO.: FB 510332-S
348 East 120th St., Apt. No.7A
New York, N.Y. 10035
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on May 30, 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 February 13, 1991 by
filing a complaint asserting that the owner failed to maintain
certain services in the subject apartment.
In his answer filed on March 20, 1991, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that services are being provided.
Thereafter on May 1, 1991, the subject apartment was inspected by
DHCR which confirmed the existence of defective conditions.
The Administrator directed on May 30, 1991 restoration of these
services and reduction of the stabilized rent.
In this petition, the owner contends in substance that "all
deficiencies in services have been promptly corrected."
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's petition is not clear whether the owner contends that
repairs were made before inspection or the order's issuance, or
whether the owner contends that repairs were made after the
order's issuance. If it is the former, the owner's allegation is
belied by the report of the agency inspector. If it is the
latter, the Administrator's order was correct when issued.
This Order and Opinion is issued without prejudice to the owner's
filing an application with DHCR for rent restoration based on the
restoration of services, if the facts so warrant.
FH 510363 RO
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