Adm. Rev. Docket No: FE 420192-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 420192-RO
:
ETC MANAGEMENT CO., DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: EE 420206-OR
PETITIONER : DA 420538-OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 17, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 12, 1991
concerning t e housing accommodations relating to the above-
described docket number.
The issue herein is whether the conditions upon which an order was
issued reducing the rent have been corrected, warranting restoration
of the legal regulated rent.
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 petition.
On May 25, 1990, the owner commenced this proceeding by filing an
application to restore rent based on the restoration of services.
In its answer filed on June 30, 1990, the tenant denied the
allegations set forth in the owner's application or otherwise
asserted that services had not been restored.
Thereafter on February 12, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed that
services had not been restored.
On April 12, 1991, the Administrator issued an order based on the
inspection, denying the owner's request for rent restoration and
continuing the rent reduction in effect.
In this petition, the owner contends in substance that repairs were
completed professionally in or about March 1990.
The Commissioner is of the opinion that this petition should be
denied.
The owner's petition states that services were restored in or about
March 1990, i.e. before the February 12, 1991 inspection and the
order's issuance on April 12, 1991. Thus, the owner's allegation is
belied by the report of the agency inspector who confirmed that
defective conditions continue to exist.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
Adm. Rev. Docket No: FE 420192-RO
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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