FK 110116-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FK 110116-RO
RENT ADMINISTRATOR'S
DOCKET NO.:
MOHAMMAD A. MALIK, FD 110055-OR
PREMISES:
134-37 Maple Avenue
Apt. 1-G
PETITIONER Flushing, New York
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodation
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 owner commenced this proceeding by filing an application
asserting that it had restored and was maintaini g certain ser-
vices in the subject building. The tenant signed a consent to
rent restoration noting that service was restored on March 5,
1991. Attached to the application was a work order stating that
the work had been completed also signed by the tenant and dated
March 5, 1991. The owner also attached a March 21, 1991 letter
to the tenant from the DHCR Compliance Bureau referring to a
March 7, 1991 telephone conversation wherein the tenant informed
the DHCR that the owner had complied with directives to restore
services.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who found that certain services had not been
restored.
In his petition for administrative review, the owner states, in
substance, that the application should have been granted based
upon the tenant's consent. Attached to the petition is a copy of
a court stipulation signed by both parties' counsels acknow-
ledging a restoration of services on March 5, 1991.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
FK 110116-RO
The Commissioner finds that the record contains numerous items of
evidence, clearly a preponderance, which indicate the tenant's
consent to a rent restoration. It is further noted that the
tenant did not oppose the owner's application or the owner's
petition although afforded the opportunity to do so. Further,
the Commissioner notes that the court stipulation was signed with
the benefit of counsel. Accordingly the Commissioner directs
that rent be restored effective May 1, 1991.
The Commissioner notes that the DHCR inspection of September 24,
1991 is of evidentiary value in that it is probative of
conditions existing on that date. Accordingly, this order is
issued without prejudice to the tenant's rights as they may
pertain to a de novo application for a rent reduction based on a
diminution of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, granted,
and the Rent Administrator's order be, and the same hereby is,
modified to the extent of restoring the rent effective May 1,
1991.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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