FK 110129-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 110129-RO
RENT ADMINISTRATOR'S
DOCKET NO.:
NASA REAL ESTATE, FE 110051-S
PREMISES:
41-41 46th Street
Apt. 3-C
PETITIONER Sunnyside, New York
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued 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 by fili g a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment.
In its answer, the owner denied the allegations set forth in the
tenant's complaint.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defective condi-
tions.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's petition does not make clear whether it is the own-
er's contention that repairs had been made before the apartment
FK 110129-RO
was inspected or the order was issued or whether the contention
is that repairs were made following the issuance of the Rent
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 Rent Administrator's order reducing
the rent was nevertheless correct when issued, and this order is
issued without prejudice to the owner filing a restoration of
services application.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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