ADM. REVIEW DOCKET NO.: GC 210339 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.:
GC 210339 RO
:
DISTRICT RENT ADMIN.
DOCKET NO.: FE 210058 HW
55 REALTY CO.
PREMISES: 55 Winthrop St.,
Apt. 1J
PETITIONER : Brooklyn, N. Y.
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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 amended 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.
The owner did not interpose an answer to the tenant's
complaint.
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.
Subsequent to the issuance of the Administrator's order, the
tenant requested that the order include an effective date, since it
was left blank.
ADM. REVIEW DOCKET NO.: GC 210339 RO
The Administrator issued an amended order to reflect the
effective date. All other aspects of the order remain unchanged.
In his petition for administrative review, the owner states,
that heat and hot water are maintained and that the order does not
take into consideration the substantial rehabilitation of the
apartment.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Although the owner contends that heat and hot water are
maintained, 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 determination and that the Administrator properly
based his determination on the entire record including the results
of the on-site inspection conducted in the subject apartment.
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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