GB 210050 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
TONY SAFONTE, DOCKET NO.:
2522 Newkirk Ave.
PETITIONER Apt. 2, Brooklyn, NY
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 tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In its answer dated October 21, 1991, the owner asserted that all
required repairs had been completed.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defective condi-
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In his petition for administrative review, the owner states, in
substance, that repairs have been performed and that he never
received a copy of the tenant's complaint.
GB 210050 RO
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner finds the owner's allegation that he did not
receive the tenant's complaint without merit. The allegation is
belied by the answer signed by the petitioner which was interposed
on October 21, 1991.
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 isued or whether the contention is that
repairs were made following the issuance of the Rent Administra-
tor'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 neverthe-
less correct when issued, and this order is issued without
prejudice to the owner's rent restoration application, which is
pending before the Division.
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,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner