Adm. Review Docket Nos.: FF 510067-RO; FF 530069-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NOS.: FF 510067 RO
: FF 530069 RO
WAN SOO KIM,
DRO DOCKET NO.: DL 530044 B
:
SUBJECT PREMISES:
PETITIONER : 172 Nagle Avenue
------------------------------------X New York, New York 10034
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 10, 1991, the above-named owner filed two petitions for
administrative review of an order issued on May 8, 1991 concerning
the housing accommodations relating to the above-described docket
number. Because the owner's petitions involve the same issues of
law and fact, said petitions are consolidated into this Order and
Opinion.
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 December 26, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
security in the subject building, to quote, that "door to building
has no lock."
In its answer filed on February 2, 1990, the owner asserted that it
had not only repaired the lock of the building front door but
improved it with an intercom system; and that the tenants, however,
continually vandalized the building front door lock everytime it is
repaired.
Thereafter on March 7, 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 on May 8, 1991 the restoration of these
services.
In this consolidated petition, the owner states in substance that
repairs have been perfomed.
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 before 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
Adm. Review Docket Nos.: FF 510067-RO; FF 530069-RO
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.
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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