ADM. REVIEW DOCKET NO.: GC 210194 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 210194 RO
:
DISTRICT RENT ADMIN.
DOCKET NO.:
FC 210548 S
55 REALTY CO.
PREMISES: 55 Winthrop St.
PETITIONER : Apt. 5J
------------------------------------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 the proceeding below by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment, including vermin infestation,
defective front apartment door, and defective bathroom walls.
On July 29, 1991, the owner interposed a response which
stated, at the present time the building is in receivership and
since there are a number of individual complaints pending, an
extension of time to answer these complaints is requested.
By letter dated August 6, 1991, the Administrator granted a
sixty day extension to respond. The owner failed to interpose a
response within the sixty day extension and failed to request an
additional extension of time to respond.
On January 8, 1992, approximately five months later, an
inspection of the subject apartment was conducted by a D.H.C.R.
inspector, who confirmed the existence of defective conditions.
ADM. REVIEW DOCKET NO.: GC 210194 RO
The owner filed an answer on February 18, 1992, which stated
in substance, that repairs have been performed. It is noted that
the owner failed to submit any evidence to substantiate his
contention.
Thereafter the Rent Administrator issued an order here under
review based on a physical inspection which 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.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Although the owner contends that repairs were effectuated, 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 for administrative review 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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