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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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RENT ADMINISTRATOR'S
ELGAN REALTY CORP., DOCKET NO.:
FI 520284-S
PREMISES:
25 Nagel Avenue,
PETITIONER Apt. 2-E, N.Y., NY
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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 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 DHCR inspector who confirmed the existence of defective
conditions.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the regulated rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed, and that the tenant
denied access to the apartment.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that none of the owner's allegations are
supported by any substantiating evidence. The owner did not
raise these issues before the Rent Administrator as evidenced by
its failure to interpose an answer to the complaint.
Accordingly, the owner has offered insufficient reason to disturb
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the Rent Administrator's order.
The owner's petition does not make clear whether it is the
owner's contention that repairs had been made befo e the apart-
ment 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
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 and Eviction Regulations
for New York City, 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,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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