ADM. APPEAL DOCKET NO. BC - 210377 RT
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 APPEAL
APPEAL OF DOCKET NO.
BC - 210377 RT
:
DRO ORDER NO.:
QS - 000321 - OR
JAMES AVELLINO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 7, 1987, the above-named petitioner-tenant filed
an Administrative Appeal against an order issued on December 26,
1986, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 137-38 68th Drive, Apartment No. A, Kew Gardens Hills,
New York.
The Administrative Appeal was rejected by the Commissioner
on March 11, 1987 and the petitioner timely refiled the petition
on March 26, 1987.
The issue herein is whether the District Rent Administrator
properly determined the owner's rent restoration application.
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 Administrative Appeal.
The District Rent Administrator's order, appealed herein,
restored the rent of the subject apartment, effective December
1,1985, to the level in effect prior to the reduction of rent.
On appeal, the petitioner-tenant asserted that the owner
never corrected the fluctuating hot-water temperature, but merely
replaced the shower-head.
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeal should be denied.
The order, under docket number QS - 000916 - S, which was
issued July 2, 1985, reduced the rent of the subject apartment to
the level in effect prior to the last guideline increase which
ADM. APPEAL DOCKET NO. BC - 210377 RT
commenced before the effective date of the order. The order
reduced the rent based on the owner's failure to repair a
defective shower fixture.
Subsequently, the owner applied to the District Rent Office
for a restoration of rent, under docket number ZQS - 000321 - OR
and by order dated December 26, 1986, the District Rent
Administrator granted the application.
A review of the record clearly shows that the District Rent
Administrator's restoration order was granted based upon the
tenant's failure to respond to the District Rent Administrator's,
properly addressed notice, dated October 23, 1986, which afforded
him an opportunity to respond to the owner's rent restoration
application.
Moreover, the rent reduction order cited a defective shower
fixture as a basis for the rent reduction and the tenant has
conceded that the shower head was replaced. The fluctuating
water temperature was not mentioned in the order and would not be
caused by a defective shower fixture or corrected by its
replacement.
Accordingly, the Commissioner finds that the rent
restoration was properly granted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the Administrative Appeal 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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