DHCR Decisions
Docket Number: FB-210247-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 210247-RO
:
ANDY ANDERSON c/o DISTRICT RENT ADMIN.
600 E. 21st STREET, : DOCKET NO.: ZDH 210174-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 February 4, 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 August 7, 1989, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on September 19, 1989, the owner claimed that
the tenant denied access.
Thereafter on December 28, 1990 and January 7, 1991, inspections
were conducted by a DHCR inspector who confirmed the existence of
defective conditions.
On February 4, 1991, the Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In this petition, the owner states in substance that repairs had
been completed prior to the issuance of the Administrator's order
when the tenant provided access.
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, and it should be
affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
Docket Number: FB-210247-RO
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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