STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CHUCK J. ENG, DOCKET
PREMISES: 314 Jefferson St.
PETITIONER Apartment 2-R, Brooklyn, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for administra-
tive 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 tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In his answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required re-
pairs had been or would be completed.
Thereafter an inspection of the subject apartment was conducted
by the DHCR inspector who confirmed the existence of defective
conditions - to wit defective window locks.
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. Attached to the
owner's petition is a copy of the repair bill for the window
locks and the signed statement of the tenant acknowledging the
effectuation of repairs on November 7, 1990.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part.
The Commissioner notes that repairs are alleged to have been
effectuated on November 7, 1990 after the issuance of the Rent
Administration's order. Hence the Rent Administration's order
was correct when issued.
Since the parties both agree that repairs have now been effect-
uated and service is restored the Commissioner finds that rent
should be restored effective December 1, 1991 the first rent
payment date subsequent to the owner's submission of the tenant's
statement and repair bill to this Division.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
in part and that the Rent Administrator's order be, and the same
hereby is, modified to the extent of restoring the rent effective
December 1, 1991. In all other respects the Rent Administration's
order is affirmed.
JOSEPH A. D'AGOSTA Acting Deputy