STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
DAVID ESHAGHIAN DOCKET NO.:
c/o SOMERSET MANAGEMENT, LTD. ED 510756-S
PETITIONER 612 W. 188th St., Apt. B
----------------------------------x New York, New York
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 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 or otherwise asserted that all required re-
pairs had been or will be completed.
Thereafter an inspection of the subject premises was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of defective conditions.
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
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
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code and the Emergency Tenant Protection Act of
1974, 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,
JOSEPH A. D'AGOSTA