Docket Number: FD-510064-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 510064-RO
:
S. ECKSTEIN/ DISTRICT RENT ADMIN.
630 WEST ASSOCIATES, : DRO DOCKET NO.: EH 510785-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 5, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 1, 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 August 29, 1990, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject premises.
In its answer dated September 27, 1990, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs had been completed; and "that
there is no decrease in any type of service."
Thereafter on January 31, 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 1, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the legal
regulated rent.
In its petition for administrative review, the owner states, in
substance, that repairs were performed. The owner submitted a work
order dated November 26, 1990 signed by the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Despite the owner's contention of a "work order," inspection of the
subject premises disclosed a decrease in services, warranting a
reduction.
This order is issued without prejudice to the owner's right to file
an application for restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
Docket Number: FD-510064-RO
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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