Adm. Review Docket No.: FE 630029-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 630029-RO
:
CHARLES MUNILAL, DRO DOCKET NOS.:
EK 630008-OR/ AD 630081-B
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 4, 1991 concerning the 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 July 5, 1990, the owner filed an application to restore rent
based on the restoration of services.
The tenants opposed this application by denying the allegations set
forth in the owner's application or otherwise asserting that
required services had not been restored.
Thereafter on December 20, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of continuing decreased services.
On February 4, 1991, the Administrator issued an order based on said
inspection by denying the owner's request for rent restoration and
continuing the rent reduction in effect.
In this petition, the owner states in substance that repairs have
been performed.
The Commissioner is of the opinion that this petition should be
denied.
The owner's petition does not make clear whether it is the owner's
contention that services had been restored before the apartment was
inspected or the order was issued, or whether the contention is that
services were restored following the issuance of the Rent
Administrator's order. If it is the former, then the owner's
Adm. Review Docket No.: FE 630029-RO
allegation is belied by the report of the agency inspector. If it
is the latter, then the Rent Administrator's order denying the
owner's application to restore rent was nevertheless correct when
issued.
This Order and Opinion is issued without prejudice to the owner's
right to file another application for restoration of services if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations, 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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