DHCR Decisions
ADM. REVIEW DOCKET NO.: BH 110348 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BH 110348 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
AJ 120569 - S
SCALDAFIORE REALTY CORP
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 9, 1987, the above named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued on
July 6, 1987 by the Rent Administrator at Gertz Plaza, Jamaica, New
York, concerning the housing accommodations known as 20-24 31st
Street, Queens, New York, Apartment C5, wherein the Administrator
determined the tenant's complaint of a diminution of services filed
on October 27, 1986.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted on March 30, 1987 that confirmed
the tenant's complaints of the need for plastering repairs and
painting throughout the apartment, and of defective windows. Other
conditions cited by the tenant were either not substantiated or
were found to have been addressed.
The record also contains correspondence between the parties to
arrange a mutually convenient date for repairs. However, the July
14, 1987 repair date agreed upon by the parties was after the July
6, 1987 date of the Administrator's order.
The owner filed an administrative appeal, but failed to allege
any errors of law or fact. In addition, the tenant responded that,
in fact, certain repairs were not completed properly. Other
allegations raised in the administrative appeal were not pertinent
to these proceedings.
ADM. REVIEW DOCKET NO.: BH 110348 RO
In light of the record, and the owner's failure to point out
any errors of law or fact, the Administrator's order must be
affirmed.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations and the City Rent Control Law, it is
ORDERED, that the owner's petition be and the same hereby is
denied, and the Administrator's order be and the same hereby is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|