FL610057RO
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 NO.:
FL610057RO
RENT ADMINISTRATOR'S
F.M.B.S. REALTY CORP./ DOCKET NO.:
SHIRLEY UNGER, FF610019S
PREMISES:
2523 Aqueduct Ave.
Bronx, NY
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on November 18, 1991 concerning the
housing accommodations relating to the above-described docket
number.
The issue in this appeal is whether the Administrator's order was
correct.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
This proceeding was commenced on June 3, 1991 by a rent stabilized
tenant filing a complaint, asserting that the owner failed to
maintain numerous services in the subject apartment.
On June 7, 1991, the Division transmitted a copy of the tenant's
complaint to the owner.
Thereafter, an on-site inspection of the subject apartment was
conducted on October 29, 1991 by a DHCR inspector who reported that
the water in the bathroom shower when first turned on came out
rusty, that the bathroom window lock is defective, that the
FL610057RO
right window lock in the master bedroom is defective, and that the
apartment entrance door is defective and loosely aligned.
The Administrator directed the restoration of services and ordered
a reduction of the stabilized rent.
In the petition for administrative review, the owner contends in
substance that all services are being maintained, that the inspec-
tion results must be in error, and that "the inspector apparently
wrote down whatever the tenant complained [of] and did not check
anything out."
On April 27, 1993, DHCR mailed a copy of the petition to the
tenant.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Administrator's determination was based upon a staff inspec-
tor's report which found defective conditions within the apartment.
The owner's petition offered merely self-serving statements and no
evidence to refute the inspection results. Accordingly, the
Administrator's determination was in all respects proper and is
hereby sustained.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is,
ORDERED, that the petition for administrative review be, and the
same hereby is, denied, and that the Administrator's order be, and
the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
