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.:
TONY SAFONTE/Receiver, DOCKET NO.:
560 W. 126 St., Apt. 1-C
PETITIONER New York, NY 10027
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named receiver filed a timely Petition for Adminis-
trative Review of an order issued on October 7, 1991, concerning
the housing accommodations relating to the above-described docket
The Commissioner has reviewed all of 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 11, 1991 by
filing a complaint asserting that certain services in the subject
apartment were not being maintained. The complaint was properly
addressed to the petitioner.
In his answer filed on March 19, 1991, the petitioner asserted
that all repairs had been performed.
Therefore on September 10, 1991, the subject apartment was
inspected by DHCR which confirmed the existence of defective
The Administrator directed on October 7, 1991 restoration of
services and ordered that the maximum legal rent be reduced by
$20.00 per month.
In this petition, the petitioner contends in substance that he is
a newly appointed receiver, that he never received a copy of the
complaint, and that the entire apartment has been newly sheet
rocked, plastered and painted.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The allegation of non-receipt of the tenant's complaint is not
credible when the record contains an answer to the tenant's
complaint submitted by the petitioner.
It is not clear from the petition whether the contention is 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, it 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
order is issued without prejudice to the owner's filing an
application for rent restoration based on restoration of services
if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations,
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
Acting Deputy Commissioner