Docket Number: FB-510089-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 510089-RO
C.M. REALTY/MOISHE BODNER, DRO DOCKET NO.: ZDJ 510519-S
ORDER AND OPINION DENYING OWNER'S PETITION FOR ADMINISTRATIVE REVIEW
AND AFFIRMING ADMINISTRATOR'S ORDER
On February 11, 1991, the above-named owner filed a Petition for
Administrative Review against an order issued on January 22, 1991,
by the Rent Administrator of the Gertz Plaza, Jamaica, District Rent
Office, concerning the housing accommodations relating to the above
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of Rent Stabilization Code.
The issue herein is whether there was a decrease in services,
warranting a reduction of the legal regulated rent.
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 administrative appeal.
On October 30, 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, dated November 21, 1989 the owner asserted that all
required repairs will be completed.
Thereafter on December 21, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On January 22, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
In its petition for administrative review, the owner states, in
substance, that repairs have been made.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was
Docket Number: FB-510090-RO
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,
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.