BE 110002-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 REVIEW
APPEAL OF DOCKET NO.:
BE 110002-RT
RENA MALTESE, DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.:
PETITIONER ZAF 110095-OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 27, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on March 25, 1987
by the District Rent Administrator (Gertz Plaza, Jamaica,
New York) concerning the housing accommodation known as 247-07
77th Crescent, Bellerose, New York, Apartment 19F7-1, wherein the
Administrator granted the owner's rent restoration application
for the subject stabilized apartment.
The owner commenced the proceeding below by filing its
applica-tion with the Administrator in August of 1986, stating
that it had restored services for which a rent reduction order
was issued on March 17, 1986 under Docket No. QS 000488-B.
With its application, the owner also submitted a copy of the rent
reduction order, which was issued on the ground of the owner's
failure to repair stoop steps.
The District Rent Administrator's order, appealed herein, found
that the "brick stoop has been repaired" and restored the rent in
question.
This order was based upon a physical inspection conducted by this
Division on November 13, 1986.
On Appeal, the petitioner-tenant contends, in substance, the her
windows have not yet been fixed.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The record in the proceeding below (including a physical inspec-
tion conducted by this Division) discloses that the condition
upon which the rent reduction in question was based (defective
stoop steps) was repaired. Furthermore, the tenant's contention
on appeal is not relevant to the instant proceeding.
On the basis of the entire evidence of record, it is found that
the Administrator's order is correct and should be affirmed.
This order is issued without prejudice to any service complaint
(pending or future) by the tenant herein which is based on
defec-tive windows.
THEREFORE, in accordance with the applicable provisions of the
Rent Stabilization Code and Operational Bulletin 84-1, it is
ORDERED, that the Administrative appeal be, and the same hereby
is, denied; and that the Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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