Adm. Rev. Docket No: FE 210184-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 210184-RO
:
COOPER AND HOFFMAN REALTY CO., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EL 210377-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 15, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 23, 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.
The tenant commenced this proceeding on December 21, 1990 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on January 23, 1991, the owner asserted that all
required repairs had been or will be completed.
Thereafter on March 19, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Administrator directed restoration of these services on April
23, 1991 and further ordered a reduction of the stabilized rent.
In this petition, 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.
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 the order was issued, or whether the contention is that
repairs were made following the issuance of the 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 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
Adm. Rev. Docket No: FE 210184-RO
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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