Adm. Review Docket Number: FD 210230-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 210230-RO
:
LUIS RAMOS, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DI 210752-S
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 24, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 18, 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.
On September 25, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
Although duly notified to do so on October 27, 1989, the owner
failed to respond to the tenant's complaint.
Thereafter on September 27, 1990 and March 1, 1991, inspections of
the subject apartment were conducted by a D.H.C.R. inspector who
confirmed the existence of defective conditions.
The Rent Administrator directed on March 18, 1991 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 repairs have been performed on March 28, 1991.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner clearly admits on its petition tha repairs were made
following the issuance of the Administrator's order. Thus, the
Administrator's order reducing the rent was correct when issued, and
this Order and Opinion is issued without prejudice to the owner
filing an application for restoration of services.
Adm. Review Docket Number: FD 210230-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 District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|