DOCKET NUMBER: EJ-610039-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 110037-RO
:
VIG ASSOCIATES/RAMESH C. VIG, DRO DOCKET NO.: EE 110013-OR
ZDH 110513-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 1, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on January 8, 1991,
concerning t e 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 of the record relevant to the
issues raised by the petition.
On May 10, 1990, the owner filed an application to restore services
based on restoration of services for which a rent reduction order
was issued on April 7, 1990 under Docket Number ZDH-110513-S.
On November 30, 1990 and December 5, 1990, inspections of the
subject housing accommodation were conducted by DHCR. The
inspector's report confirmed that services have not been restored.
On January 8, 1991, the Administrator issued an order based on the
inspection report finding that the "refrigerator/freezer temperature
is inadequate" and that "the bathroom wall tiles are uneven,
cracked, broken and in need of grouting."
In this petition, the owner contends that after issuance of the
order, on January 11, 1991 and January 17, 1991, it attempted to
schedule repairs in the subject housing accommodation but the tenant
said that "no more repairs need to be done."
The Commissioner is of the opinion that this petition should be
denied.
Despite the owner's assertions, the record shows that an inspection
of the subject premises was made prior to the issuance of the order;
and that the inspector reported the services in question not
restored.
DOCKET NUMBER: EJ-610039-RO
The Commissioner notes that the owner's attempt to schedule repair
appointments after the issuance of the order does not disturb the
validity of the Administrator's order based on the inspection
report in the proceedings below.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and that the District Rent Administrator's order be, and the
same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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