Docket Number: FD-210040-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 210040-RO
:
EL-SO REALTY CO., DRO DOCKET NO.: ZED 210278-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 3, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on March 3, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
On April 11, 1991, 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 May 26, 1990, the owner alleged in substance
that repairs were completed.
Thereafter on August 14, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed the
existence of defective conditions.
On August 30, 1990, the owner reported to DHCR that defective
conditions have been corrected.
On December 24, 1990 and January 21, 1991, the tenant answered that
defective conditions still exist.
On March 8, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In this petition, the owner contends in substance that repairs have
been performed.
The Commissioner is of the opinion that the petition should be
denied.
The record clearly shows that on August 19, 1990, inspection
disclosed the existence of defective conditions; and that on January
21, 1991, the tenant asserted that the services in question have not
yet been restored.
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 clear and convincing evidence to
substantiate the contention either while the proceeding was pending
before the Administrator or by attachment to his petition.
Docket Number: FD-210040-RO
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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