Docket Number: FB-210017-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 210017-RO
:
THOMAS AND MYRTLE HAMILTON, DRO DOCKET NO.: ZEJ 210071-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 4, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on January 16, 1991
concerning t e housing accommodations relating to the above-
described docket number.
On October 3, 1990, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
Although duly notified to do so on October 11, 1990, the owner
failed to respond to the tenant's complaint.
Thereafter on December 11, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector, who confirmed the
existence of defective conditions.
On January 16, 1991, the Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In this petition, the owner alleges inter alia that the order is
"arbitrary and capricious and must be reversed."
The Commissioner is of the opinion that this petition should be
denied.
Despite the owner's assertions, inspection disclosed that the
complained-of conditions existed and, the Commissioner finds that
the rent reduction is warranted.
This order is issued without prejudice to the owner's right to file
the appropriate application for restoration of the rent, if the
facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
Docket Number: FB-210017-RO
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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