Docket Number: FB-210254-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 210254-RO
:
611 REALITES/FARKAS, DRO DOCKET NO.: ZDI 210751-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 25, 1991, the above-named owner filed a timely Petition
for Administrative Review of an order issued on January 17, 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 September 21, 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 20, 1989, the owner denied the allegations set forth in
the tenant's complaint or otherwise asserted that all required
repairs had been completed.
Thereafter on September 20, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed the
existence of defective conditions.
On January 17, 1991, the Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In this petition, the owner contends in substance that repairs have
been performed and required services maintained.
The Commissioner is of the opinion that this petition should be
denied.
Firstly, inspection clearly disclosed defective conditions,
warranting rent reduction.
Secondly, the owner states in its petition that as of January 24,
1991 and February 19, 1991, all repairs have been performed. In
other words, repairs were made following the issuance of the
Docket Number: FB-210254-RO
Administrator's order. Accordingly, the Administrator's order
reducing the rent was correct when issued, and this order is issued
without prejudice to the owner filing an application for restoration
of services.
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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