Docket Number: FB-210252-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 210252-RO
KALMAN WEIZBERG, DRO DOCKET NO.: ZEI 210420-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 26, 1991, the above-named owner filed a petition for
administrative review of an order issued on January 22, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
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 September 14, 1990, the tenant commenced this proceeding on by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on October 11, 1990, the owner asserted that all
required repairs had been completed.
Thereafter on December 26, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector, who confirmed the
existence of defective conditions.
On January 22, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner alleges that "in the matters complained
of... there was a stipulation entered into between the parties in
which the tenant received a payment of $175.00 in the settlement of
The Commissioner is of the opinion that this petition should be
The stipulation referred to by the owner does not specify that the
tenant had withdrawn its original complaint in the above-described
docket number. Moreover, the stipulation which indicated all
performed repairs was signed on December 20, 1990; but on December
26, 1990, an inspection of the subject apartment confirmed that
defective conditions exist.
Docket Number: FB-210252-RO
In addition the owner's petition does not make clear whether it is
the owners' contention that repairs had been made before the
apartment was inspected or the order was issued, or whether the
contention is that repairs were made 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 reducing the rent
was nevertheless correct when issued, and this order is issued
without prejudice to the owner filing an application for restoration
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's be, and the same hereby is,