BJ430375RO
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.:
BJ430375RO;
CATHEDRAL ASSETS, INC.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER AB430038OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW,
On October 21, 1987, the above-named petitioner-owner filed a
petition for administrative review of orders issued on September
17, 1987, by the Rent Administrator, concerning the housing
accommodation known as 225 West 110th Street, New York, New York,
Various apartments, wherein the Administrator determined that the
owner's applications for rent restoration should be denied based
upon a finding that wall light fixtures adjacent to the elevator
have not been replaced.
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.
The issue herein is whether the Rent Administrator properly denied
the owner's application for a rent restoration upon a finding that
the service in question was not restored.
On appeal, the petitioner-owner contended that the two wall light
fixtures adjacent to the elevator are repeatedly vandalized; that
there is sufficient illumination in this area from overhead
fluorescent lighting fixtures and that tamper-resistant light
fixtures are in the process of being installed.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The owner filed applications to restore the rent of various rent
regulated apartments in the subject premises on February 12, 1986,
certifying that all repairs which were the subject of the Rent
Administrator's reduction order (Docket No. USC0007373 issued
January 14, 1986) had been re-stored.
BJ430375RO
On February 5, 1987, a staff member conducted an inspection which
showed that the wall light fixtures adjacent to the elevator have
not been replaced.
The record is devoid of any evidence showing that the owner had
restored the service in question. The record on appeal contains an
affidavit from the superintendent of the subject premises corrobo-
rating the owner's statement that the light fixtures are repeatedly
vandalized and that he constantly replaces the incandescent light
bulbs.
This affidavit, however, does not establish that any repair was
made prior to the issuance of the appealed orders.
Moreover, the petitioner's statements on appeal constitute an
admission that the light fixtures were not replaced prior to the
issuance of the Rent Administrator's orders.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's determina-
tion.
This Order is issued without prejudice to the owner's right to
refile appropriate applications for a rent restoration, if the
facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and Evic-
tion Regulations for New York City and the Rent Stabilization Law
and Code, it is,
ORDERED, that the owner's petition be, and the same hereby is,
denied, and the Rent Administrator's orders be, and the same hereby
are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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