Docket Number: FB-510090-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 510090-RO
:
B and B WEST 165 St. CORP.,
DRO DOCKET NO.: ZDJ 510218-S
PETITIONER :
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ORDER AND OPINION DENYING 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 7, 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 the Rent Stabilization Code.
The issue herein is whether dimunutions of service exist as to
warrant a reduction of the legal regulated rent.
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 administrative appeal.
On October 11, 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 14, 1989 the owner asserted that all
required repairs will be completed.
Thereafter on December 4, 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 7, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed.
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
Docket Number: FB-510090-RO
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 the owner's 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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