Docket Number: FH 610122-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 610122-RO
DISTRICT RENT ADMINISTRATOR'S
ALBERTO LEGUIZAMO, DOCKET NO.: DK 610130-S
SUBJECT PREMISES:
1010 East Tremont Ave., Apt. E4
PETITIONER Bronx, NY 10460
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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 23, 1991
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
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 6, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on December 6, 1989, the owner asserted that
all required repairs had been and would be completed.
Thereafter on July 3, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
The Administrator directed on July 23, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends in substance that repairs had
been performed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
It is unclear whether the owner contends that repairs had been made
before the apartment was inspected or the order was issued, or
whether the owner contends that repairs were made following the
issuance of the Administrator's order. If it is the former, then
the owner's allegation is belied by the report of the agency
inspector. If it is the latter, then the Administrator's order
reducing the rent was nevertheless correct when issued, and this
Docket Number: FH 610122-RO
order is issued without prejudice to the owner filing an
application for restoration of services.
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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