Docket Number: FE 210057-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 210057-RO
:
SHOMER MANAGEMENT CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EL 210148-HW
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 7, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 30, 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 December 13, 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 duly notified to do so on January 15, 1991, the owner
failed to respond to the tenant's complaint.
In a confirmation statement filed on January 24, 1991, the tenant
stated that the owner has continued to fail to maintain services in
the subject apartment.
Thereafter on February 22, 1991 and March 6, 1991, an inspection of
the subject apartment was conducted by a D.H.C.R. inspector who
confirmed the existence of defective conditions.
On April 30, 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 were being maintained.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
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
Docket Number: FE 210057-RO
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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