Adm. Review Docket No.: FD 210221-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 210221-RO
:
S.P. MANAGEMENT, DRO DOCKET NOS.:
EG 210089-OR, CE 210082-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 12, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on February 20, 1991, by
the Rent Administrator of the Gertz Plaza, Jamaica, District Rent
Office concerning the housing accommodations relating to t e 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 the defective conditions upon which an
order was issued reducing the rent have been corrected, warranting
restoration 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 administrative appeal.
On July 12, 1990, the owner commenced this proceeding by filing an
application to restore rent based on the restoration of services.
In its answer filed on August 16, 1990, the tenant denied the
allegations set forth in the owner's application or otherwise
asserted that the defective conditions still exist.
Thereafter on January 24, 1991, an inspection of the subject
housing accomodation was conducted by a D.H.C.R. inspector who
confirmed that services had not been restored.
The Rent Administrator denied on February 20, 1991 the owner's
application and continued the rent reduction in effect.
In this petition, the owner contends in substance that services had
been restored as of June 1, 1990.
The Commissioner is of the opinion that this petition should be
denied.
Although the owner contends that services were restored prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted insufficient evidence to substantiate the
contention either while the proceeding was pending before the
Administrator or by attachment to its petition. The record clearly
Adm. Review Docket No.: FD 210221-RO
shows that the inspection before the order's issuance reported the
continuing decreased services. 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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