Docket Number: FD-520205-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 520205-RO
:
GEORGE SABBAGH, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EK 520094-HW
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 19, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 13, 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 November 23, 1990, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
Although the owner was notified on December 3, 1990 to do so, the
owner failed to respond to the tenant's complaint.
On December 11, 1990, the tenant affirmed that the owner has
continued to fail to maintain services.
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 13, 1991, the Rent Administrator directed 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 services have always been maintained and all repairs
completed.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Docket Number: FD-520205-RO
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
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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