Docket Number: FB-610280-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 610280-RO
:
S.Y. WESTCHESTER REALTY CORP., DISTRICT RENT ADMIN.
DOCKET NO.: EI 610158-OR
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 February 14, 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.
The issue herein is whether conditions upon which an order was issued
reducing the rent have been corrected, 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 petition.
On September 11, 1990, the owner filed an application to restore rent
based on the restoration of services.
On January 24, 1991, an inspection of the subject apartment was conducted
by a DHCR inspector who confirmed the existence of defective conditions.
Based on the inspection report, the Administrator issued an order on
February 14, 1991 denying the application for rent restoration and
continuing the rent reduction in effect.
In this petition, the owner contends that repairs have already been
performed.
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 of 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 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 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.
Docket Number: FB-610280-RO
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 Administrator's order be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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