Docket Number: FE 110043-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.: FE 110043-RO
:
POMONOK CREST APTS., DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: EL 110149-OR
PETITIONER : EE 110642-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 3, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 29, 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 December 18, 1990, the owner commenced this proceeding by filing
an application to restore rent based on the restoration of services.
Thereafter on March 4, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed that services
have not been restored.
On March 29, 1991, the Administrator issued an order based on the
inspection report, finding that the defective condition have not
been corrected, denying the owner's request for rent restoration and
continuing the rent reduction in effect.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner's evidence of repairs is insufficient to rebut the
March 4, 1991 inspection finding that services have not been
restored.
Docket Number: FE 110043-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
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