Docket Number: FD-420126-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 420126-RO
:
ESPLANADE HOTEL ASSOCIATES, DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: EG 420095-OR
PETITIONER : DH 420330-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 15, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 27, 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 July 12, 1990, the owner commenced this proceeding by filing an
application to restore rent based on the restoration of services.
On August 29, 1990, the tenant filed an answer to the owner's
application, stating in substance that services had not been
restored.
Thereafter on February 21, 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 27, 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 repairs had
been performed because the tenant signed the applications' "Tenant's
Statement of Consent."
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Docket Number: FD-420126-RO
The record shows that the tenant signed on July 6, 1990 the
"Tenant's Statement of Consent" in the owner's application.
However, in this statement, the tenant merely acknowledged reading
the owner's application to restore rent based on the restoration of
services and consenting to same. Furthermore, a February 21, 1991
inspection of the subject apartment disclosed defective conditions,
warranting rent reduction.
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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