FL 210078-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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FL 210078-RO
RENT ADMINISTRATOR'S
755 OCEAN COMPANY, DOCKET NO.:
FD 210355-S
PREMISES:
755 Ocean Avenue
PETITIONER Apt. 5-O, Brooklyn, NY
----------------------------------x
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 filing 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 repairs
had been or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. 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.
FL 210078-RO
In its petition for administrative review, the owner states, in
substance, that repairs have been performed, and attaches a work
order alleged to have been signed by the tenant on October 21,
1991.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
It is the owner's contention that repairs had been made on October
21, 1991 before the apartment was inspected on November 22, 1991.
Since the signed work order was not submitted to the Rent
Administrator, pursuant to Section 2529.6 of the Rent Stabilization
Code, it may not be considered herein when offered for the first
time on administrative appeal. It is further noted that the
owner's allegation is belied by the report of the agency inspector.
The Rent Administrator's order reducing the rent was 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
|
