GA 610050-RO
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.:
GA 610050-RO
RENT ADMINISTRATOR'S
EMERICK REALTY CORP., DOCKET NO.:
EK 610072-S
PREMISES:
2707 Sedgwick Ave.,
PETITIONER Apt. 2-M, Bronx, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled a timely petition for administra-
tive review of an order issued concerning the housing accommo-
dation 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 below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer, the owner denied the allegations set forth in the
tenant's complaint and alleged a denial of access without submit
ting any substantiation thereof.
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 regulated rent.
In its 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.
The owner's petition does not make clear whether it s the own-
er'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 owner's
GA 610050-RO
allegation is belied by the report of the agency inspector. If
it is the later, 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 restoration of
services 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 the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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