DHCR Decisions
Adm. Review Docket No.: FB 630030-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 630030-RO
:
PARKCHESTER MANAGEMENT CORP., DRO DOCKET NOS.:
FB 630023-OR/ BH 610093-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 1, 1991, the above-named owner filed a petition for
administrative review of an order issued on April 23, 1991
concerning t e housing accommodations relating to the above-
described docket number.
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.
The owner commenced this proceeding on February 5, 1991 by filing an
application asserting that the owner had failed to maintain certain
services in the subject apartment.
Thereafter on March 22, 1991, an inspection of the subject apartment
was conducted by a DHCR inspector who confirmed that services had
not been restored.
The Rent Administrator denied the owner's application on April 23,
1991 and continued the rent reduction in effect.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed and that all services
are part of normal maintenance.
In reply, the tenants asserted on June 10, 1991 that services had
not been restored.
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
inspected or before 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,
Adm. Review Docket No.: FB 630030-RO
and the Rent and Eviction Regulations, 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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