FJ 510205-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.:
FJ 510205-RO
RENT ADMINISTRATOR'S
TONY SAFONTE/Receiver, DOCKET NO.:
ZEB 510303-S
SUBJECT PREMISES:
560 W. 126 St., Apt. 6A
PETITIONER New York, NY 10027
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named receiver filed a timely Petition for Administra-
tive Review of an order issued on October 7, 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 14, 1990 by filing
a complaint asserting that the owner had failed to maintain
numerous services in the subject apartment.
Although duly notified on March 14, 1990 to do so, the owner failed
to respond to the tenant's complaint.
Thereafter on July 11, 1991, the subject apartment was inspected by
DHCR which confirmed the existence of numerous defective con-
ditions.
The Administrator directed on October 7, 1991 restoration of
services and reduction of the stabilized rent.
In this petition, the owner contends in substance that the tenant
in question has moved and that all services have been restored.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
FJ 510205-RO
A rent reduction for failure to maintain services remains in effect
even after the complaining tenant vacates and precludes the owner
from collecting any increase in the rent for the sub- ject
apartment until a rent restoration is granted. The owner's
contention that the tenant is no longer residing in the apartment
is therefore irrelevant, and a copy of this order is being sent to
the current resident of the subject apartment.
Furthermore, the owner's petition does not make clear whether it is
the owner's contention that repairs had been made before the
apartment was inspected or the order was issued, or whether the
contention is that repairs were made following the issuance of the
Administrator's order. If it is the former, then the owner's
allegation is weakened by his default below and 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 order is issued without prejudice to the
owner's filing an application for rent restoration based on the
restoration of services if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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