DHCR Decisions
Docket Number: EK-210254-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.: EK 210254-RO
:
611 REALTY/ SAM FARKAS, DISTRICT RENT ADMINISTRATOR'S
DRO DOCKET NO.: DI 210215-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 28, 1990, the above-named owner filed a timely petition
for administrative review of an order issued on November 9, 1990, by
the Rent Administrator of the Gertz Plaza, Jamaica, District Rent
Office concerning the housing accommodations known as Apartment D1,
611 Ocean Avenue, Brooklyn, New York.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
On September 14, 1989, the tenant commenced this proceeding by
filing a complaint that the owner failed to maintain certain
services in the subject apartment.
In its answer filed on October 27, 1989, the owner asserted that all
required repairs had been or will be completed.
Thereafter on October 12, 1990, an inspection of the subject housing
accommodations was conducted by DHCR, which confirmed the existence
of defective conditions.
On November 9, 1990, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner contends in substance that all services
have been restored prior to issuance of the order.
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted insufficient evidence to substantiate the
contention either while the proceeding was pending before the
Administrator or by attachment to its petition. The record clearly
shows that inspection before the order's issuance reported the
existence of defective conditions. 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.
Docket Number: EK-210254-RO
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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:
ELLIOT SANDER
Deputy Commissioner
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