ADM. REVIEW DOCKET NO.: GB 210182 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.:
GB 210182 RO
: RENT ADMINISTRATOR'S
DOCKET NO.: DL 210126 S
PREMISES: 189 East 34th
Street, Apt. llB
Brooklyn, N. Y.
LINDENBROOK REALTY CO.,
PETITIONER :
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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 of 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.
The owner did not interpose an answer to the tenant's
complaint although afforded the opportunity to do so.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Rent Administrator directed restoration of these
services and further ordered, a reduction of the stabilization
rent.
In its petition for administrative review, the owner states
that repairs have been performed.
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
ADM. REVIEW DOCKET NO.: GB 210182 RO
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 a rent
restoration application.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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