ADM. REVIEW DOCKET NO.: GC 210094 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 NO.:
GC 210094 RO
:
DISTRICT RENT ADMIN.
DOCKET NO.:
FC 210530 S
55 REALTY CO.
PREMISES: 55 Winthrop St.,
PETITIONER : Apt. 2C,
------------------------------------X Brooklyn, N. Y.
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
accommodations 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 interposed a response which asked for an extension
of time to answer the tenant's complaint and a 60 day extension was
granted. The Administrator's record does not contain any
additional response from the owner.
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 stabilized rent.
In his petition for administrative review, the owner states,
in substance, that repairs have been performed.
ADM. REVIEW DOCKET NO.: GC 210094 RO
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Although the owner contends that repairs were effectuated
prior to the issuance of the administrator's order, the
Commissioner notes that the owner submitted no evidence to
substantiate the contention either while the proceeding was pending
before the administrator or by attachment to his petition.
Accordingly, based on a preponderance of the evidence the owner has
offered insufficient reason to disturb the administrator's order,
and it should be affirmed.
This Order and Opinion is issued without prejudice to the
owner's right to file the appropriate application with the Division
for a restoration of rent based upon the restoration of services,
if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, 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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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