Docket Number: FB-210269-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 210269-RO
:
M.B. MANAGEMENT CO., DRO DOCKET NO.:EJ 210471-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 26, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on January 29, 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 November 19, 1990, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On October 25, 1990, the owner was notified of the tenant's
complaint.
In its answer filed on November 31, 1990, the owner asserted that
all required repairs will be completed.
Thereafter on January 11, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector, who confirmed the
existence of defective conditions.
On January 29, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In this petition, the owner states in substance that "all services
have been restored."
The Commissioner is of the opinion that this petition should be
denied.
Docket Number: FB-210269-RO
The owner's petition does not make clear whether it is the owner's
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
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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