GA 120141 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GA 120141-RO
RENT ADMINISTRATOR'S
HELEN HARTOFELIS, DOCKET NO.:
FE 120217-OR
PREMISES:
43-24 208th Street
PETITIONER Apt. 1-B, Bayside, NY
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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 concerning the housing accommodation
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.
The owner commenced this proceeding below by filing an applica-
tion asserting that it had restored and was maintaining certain
services in the subject building, to wit - adequate heat.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who found that heat was inadequate.
The Rent Administrator found no restoration of this service and
further ordered, a denial of the owner's rent restoration appli-
cation.
In her petition for administrative review, the owner states, in
substance, that on the date in question the boiler was being
serviced and had been shut down for this purpose.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the owner's allegation is totally
unsubstantiated by any corroborating evidence. Accordingly the
Commissioner finds that the owner has offered insufficient reason
to disturb the Rent Administrator's order.
The Rent Administrator's order denying the application was
correct when issued, and this Order is issued without prejudice
to the owner's rights as they may pertain to a de novo
GA 120141 RO
application for a rent restoration based on a restoration of
services.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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