Adm. Review Docket No: FE 420168-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 420168-RO
:
ETC MANAGEMENT CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: EE 420213-OR/
PETITIONER : BL 420647-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 14, 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.
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 owner commenced this proceeding on May 25, 1990 by filing an
application to restore rent based on the restoration of services.
Although the tenant was mailed a copy of the owner's application on
June 13, 1990 and notified to do so, the tenant failed to respond.
Thereafter on February 12, 1991, an inspection was conducted by a
D.H.C.R. inspector who confirmed the continued existence of
defective conditions.
The Administrator denied on April 11, 1991 the owner's request for
rent restoration and continued the rent reduction in effect.
In this petition, the owner contends in substance that an affidavit
from the managing agent on February 21, 1990 showed that repairs
have been performed; that a June 18, 1990 letter from the DHCR's
Compliance Bureau indicated that the case is closed.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's petition alleges that repairs were made as early as
February 21, 1990, before the owner's application, before the
apartment was inspected or the order was issued. However, this
allegation is belied by the report of the agency inspector.
It is noted that the June 18, 1990 letter from the DHCR's Compliance
Bureau merely directs the owner to apply for rent restoration and
does not negate the inspection pursuant to rent restoration
procedure.
THEREFORE, in accordance with the Rent & and Eviction Regulations,
Adm. Review Docket No: FE 420168-RO
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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