FK 110140-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 110140-RO
RENT ADMINISTRATOR'S
WILLIAM HAUGH, DOCKET NO.:
FG 110461-S
PREMISES:
41-01 67th Street
PETITIONER Apt. 45, Woodside, NY
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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 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 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 asserted th t painting had been com-
pleted.
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 his 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
owner's contention that repairs had been made before the
FK 110140-RO
apartment 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 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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