Docket Number: BE-110018-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 110018-RT
:
ROBERT SAUNDERS, DRO DOCKET NO.: AA 110111-OR
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 5, 1987, the above-named petitioner-tenant filed a petition
for administrative review against an order issued on April 2, 1987,
by an administrator concerning the housing accommodation known as
73-16 260 Street, Glen Oaks, New York, Apartment 74B3-1, wherein the
Administrator granted 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
issue raised by the administrative appeal.
On January 31, 1986 the subject owner filed an application for a
rent restoration based on the alleged restoration of service in the
subject apartment.
On February 24, 1987 a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector noted that all services complained of had
been restored and based on the inspector's report, the Administrator
ordered a restoration of the legal regulated rent effective
September 1, 1986.
In the petition for administrative review the tenant requests
reversal of the Administrator's order asserting that there remains a
vermin infestation and that the order is incorrect in that it states
that a "toilet sink" was installed.
The owner responded in substance that all services for the subject
premises were being properly maintained.
After careful consideration the Commissioner is of the opinion that
this petition should be denied.
Notwithstanding the tenant's allegation that there is a vermin
infestation, the Commissioner notes that on February 24, 1987 a
physical inspection of the subject premises by a DHCR inspector
indicated that no vermin were present. Apart from the tenant's own
statement there is no evidence in the record which calls into
question the validity of the results of the inspection.
The Commissioner notes that "toilet sink" as it appears on the
Administrator's order is a typographical error for toilet seat.
Based on a preponderance of the evidence, therefore, the
Docket Number: BE-110018-RT
Commissioner finds that the tenant has offered insufficient reason
to disturb the Administrator's order.
The determination herein is without prejudice to the right of the
tenant filing an appropriate application for a reduction in rent
based upon the owner's subsequent failure to maintain services if
the facts so warrant.
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 Rent Administrator's order be, and the same hereby is
affirmed as modified to indicate that a new "toilet seat" was
installed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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