Docket Number: FE 210034-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FE 210034-RO
SARON BET CORP/ VERA GUTTMAN, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EK 210614-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 1, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 11, 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 16, 1990, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on December 26, 1990, the owner asserted that
the tenant "makes up complaint just not to pay rent" and that "we
would like to request an inspection with your inspector."
Thereafter on March 4, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
The Rent Administrator directed on April 11, 1991 restoration of
these services and further ordered a reduction of the stabilization
In its petition for administrative review, the owner states, in
substance, that the tenant caused these defective conditions and
that the tenant "did not pay rent for several months."
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Although the owner contends that the tenant caused the disrepair for
non-payment of rent, the Commissioner notes that the owner submitted
no evidence to substantiate the contention either while the
proceeding was pending before the Administrator or by attachment to
its petition. On the contrary, the owner answered in the proceeding
below that the tenant "makes up complaint just not to pay rent" and
Docket Number: FE 210034-RO
that "we would like to request an inspection with your inspections."
Indeed, inspection held before the order's issuance reported the
existence of defective conditions.
Accordingly, based on a preponderance of the evidence the owner has
offered insufficient reason to disturb the Administrator's order,
and it should be affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby