Docket Number: FB-610152-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 610152-RO
:
BEE AND BEE MANAGEMENT CORP., DRO DOCKET NO.: DJ 610610-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 19, 1991, the above-named owner filed a Petition For
Administrative Review of an order issued on January 10, 1991, 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 there was a decrease in services, warranting 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 petition for review.
On October 20, 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 16, 1989 the owner asserted that all required repairs had been
completed.
On December 18, 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 10, 1991, the Rent Administrator directed restoration of these
services and further ordered reduction of the stabilization rent.
In this petition, the owner contends in substance that repairs had been
performed.
The Commissioner is of the opinion that this petition should be denied.
Despite the owner's assertions, a physical inspection prior to the
issuance of the order appealed herein showed the complained-of defects.
Accordingly the Rent Administrator properly found a decrease in services
and correctly ordered a rent reduction.
Moreover the owner had fifteen months from the date of service of the
tenant's complaint until the issuance of the Administrator's order to
Docket Number: FB-610152-RO
investigate the tenant's complaint and to make the necessary repairs, but
the owner failed to do so.
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 Rent Administrator's Order be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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