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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.:
103 VERMILYEA CORP., DOCKET NO.:
103 Vermilyea Ave., Apt. C
PETITIONER Apt. C, New York, NY
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 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 its answer, the owner on February 28, 1990, asserted that all
required repairs had been completed.
Thereafter an inspection of the subject apartment was conducted
by a DHCR inspector who confirmed the existence of defective
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the regulated rent.
In its petition for administrative review, the owner states, that
it did not receive the tenant's original complaint and submits
statements acknowledging repairs, allegedly signed by the tenant.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the owner's allegation that it did
not receive the tenant's complaint is belied by the fact that it
interposed an answer thereto during the original proceeding. The
Commissioner further notes that t e photocopied signed acknow-
ledgements attached to the petition were not submitted to the
FL 520369 RO
Rent Administrator during the pendency of that proceeding.
Accordingly, they may not be considered now when they are sub-
mitted for the first time on administrative appeal.
THEREFORE, in accordance with the Rent & Eviction Regulations for
New York City, 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
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner