Adm. Rev. Docket NO: FF 120082-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.: FF 120082-RO
:
PETER BELLA, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: ZFC 120074-HW
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1991, the above-named owner filed a petition for
administrative review of an order issued on May 9, 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
issue raised by the petition.
On March 11, 1991, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain heat and
hot water services in the subject apartment.
In its answer filed on March 25, 1991, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required services are maintained.
Thereafter on April 23, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed that the hot
water temperature was inadequate.
The Administrator directed on May 9, 1991 restoration of this
service and further ordered a reduction of the stabilization rent.
In this petition, the owner states in substance that repairs have
been performed after the inadequate hot water service "was found due
to the burner shut down."
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 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 was nevertheless
correct when issued, and this order is issued without prejudice to
the owner filing an application for restoration of services.
Adm. Rev. Docket NO: FF 120082-RO
THEREFORE, in accordance with 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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