Docket Number: FB-210245-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 210245-RO
:
BERNABE GONZALEZ, DRO DOCKET NO.: DJ 210605-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 22, 1991, the above-named owner filed a timely Petition
for Administrative Review of an order issued on January 14, 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 October 19, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
On November 14, 1989, the owner denied the allegations set forth in
the tenant's complaint and asserted that all repairs had been made.
Thereafter on December 5, 1990 and December 12, 1990, inspections of
the subject apartment were conducted by a DHCR inspector who
confirmed the existence of defective conditions.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted no evidence to substantiate the contention
either while the proceeding was pending before the Administrator or
by attachment to his petition. Accordingly, based on a
preponderance of the evidence the owner has offered insufficient
reason to disturb the Administrator's order which is based on an
inspection, and it should be affirmed.
The Commissioner notes in the same vein that the owner did not
raise before the Administrator in the proceeding below the issue of
denied access and that the owner now raises this unsubstantiated
Docket Number: FB-210245-RO
defense for the first time on appeal.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
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
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