FL 610108-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.:
FL 610108-RO
RENT ADMINISTRATOR'S
JOHN C. GUIBAS, DOCKET NO.:
EI 610045-HW
PREMISES:
2390 Davidson Avenue
PETITIONER Bronx, New York
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled a timely petition for administra-
tive 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 tenants commenced this proceeding by filing a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment, inter alia, adequate hot water.
The owner failed to interpose an answer to the tenant's complaint
although afforded the opportunity to do so.
Thereafter an inspection of the subject building was conducted by
a D.H.C.R. inspector who confirmed that there was no hot water in
the entire building.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the regulated rents.
In his petition for administrative review, the owner states that a
new boiler has been installed and submits an unsigned copy of a
proposal contract of its contractor dated August 8, 1991.
After careful consideration, the Commissioner is of the opinion
FL 610108-RO
that the petition should be denied.
The Commissioner notes that the owner's substantiation of the
allegation that a new boiler has been installed is dated August 8,
1991, a date subsequent to the issuance of the order under review.
Accordingly, the Commissioner finds that the Rent
Administrator's order, based on a physical inspection of the
premises, was correct when issued and that rent reductions were
warranted. This order and opinion is issued without prejudice to
the owner's rights as they may pertain to an application to this
Division for a restoration of rents based upon a restoration of
service.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and 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 is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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