Docket Number: FD-230006-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 230006-RO
: DISTRICT RENT ADMINISTRATOR'S
SHIRLEY ROWE, DRO DOCKET NO.: EK 230176-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 1, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 11, 1991, by the
Rent Administrator of the Gertz Plaza, Jamaica, District Rent Office
concerning the housing accommodations known as Apartment No. 7, 2567
Bedford Ave., Brooklyn, New York 11226.
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 November 8, 1990, the tenant commenced the proceeding by filing a
complaint that the owner had failed to maintain certain services in
the subject apartment.
Although the owner was notified on December 27, 1990 to do so, the
owner failed to respond to the tenant's complaint.
Thereafter on February 13, 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 11, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner states in substance that all repairs
have been performed.
The Commissioner is of the opinion that this 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
Docket Number: FD-230006-Ro
of services.
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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