STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
LEONARD M. SHENDELL, DOCKET NO.:
1977 Lafontaine Ave.,
PETITIONER Apt. 5-A, Bronx, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for administra-
tive review of an order issued concerning the housing accommoda-
tion 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 his answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required re-
pairs had been or will be completed.
Thereafter an inspection of the subject building was conducted by
a D.H.C.R. inspector who confirmed the existence of defective
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the regulated rent.
In his petition for administrative review, the owner states, in
substance, that most repairs have been performed, and the
remainder will be done on January 13, 1992.
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 is the
owner's contention that most 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 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.
Moreover, the owner concedes that some repairs were not to be
completed until January 1992, after issuance of the order on
October 7, 1991. This order is issued without prejudice to the
owner filing a restoration of services 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,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner