Docket Number: FD-110253-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.: FD 110253-RO
:
POMONOK CREST APARTMENTS, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EE 110633-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 23, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 19, 1991,
concerning t e 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 Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
On May 22, 1990, 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 filed on June 19, 1990, and August 6, 1990, the owner
asserted that "all the tenant's complaints have been satisfied;" and
that the tenant's complaint should be dismissed.
Thereafter on August 6, 1990, and February 28, 1991, an inspection
of the subject apartment was conducted by a D.H.C.R. inspector who
confirmed the existence of defective conditions.
On March 19, 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 "after review of the tenant's complaint ... the
owner began repairs to remedy all alleged reduction in service
complaints."
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Docket Number: FD-110253-RO
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted no evidence to substantiate the contention
either while the proceeding was, pending before the Administrator or
by attachment to its petition. Accordingly, based on a
preponderance of the evidence, the owner has offered insufficient
reason to disturb the Administrator's order, and it should be
affirmed.
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 District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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