Docket Number: FB-110299-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 110299-RO
:
QUEENS BLVD. 40TH OWNERS CORP., DRO DOCKET NO.: EJ 110236-OR
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative review of
an order issued on February 1, 1991, concerning the housing accommodations
relating to the above-described docket number.
The administrative appeal is being determined pursuant to the provisions
of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether conditions upon which an order was issued
reducing the rent have been corrected, warranting restoration of the legal
regulated rent.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition.
On October 29, 1990, the owner filed an application to restore rent on the
basis of restoration of services.
On January 22, 1991, an inspection of the subject housing accomodation was
conducted by a DHCR inspector who confirmed that services had not been
restored.
On February 1, 1991, the Administrator directed that based on the
inspection, the owner's application to restore rent is denied.
In this petition, the owner contends that repairs had been completed.
The Commissioner is of the opinion that this petition should be denied.
The owner's petition does not make clear whether it is the owner's
contention that services were restored before the apartment was inspected
or the order was issued, or whether the contention is that services were
restored following the issuance of the Rent Administrator's order. If it
is the former, then the owner's allegation is belied by the report of the
agency inspector. If it is the latter, then the Rent Administrator's
order denying the owner's application was nevertheless correct when
issued, and this order is issued without prejudice to the owner filing
another application for restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
Docket Number: FB-110299-RO
ORDERED, that this 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
|