ADM. REVIEW DOCKET NO. BK 110212 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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BK 110212 RO
: DRO DOCKET NO. ZAH110094 OR
P.N. MANAGEMENT CORP. - OWNER
Tenant: Lydea Berkeley
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 4, 1987, the above-named petitioner timely
refiled a Petition for Administrative Review against an order
issued on July 20, 1987 by the Rent Administrator, 92-31 Union
Hall Street, Jamaica, New York concerning the housing
accommodation known as 91-32 195th Street, Hollis, New York,
Apartment No. 1L wherein the Administrator denied the owner's
application for a rent restoration.
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 in the administrative appeal.
On August 11, 1986, this proceeding was commenced by the
owner's application to restore rent. The rent had been ordered
reduced on July 11, 1984 in Order No. CDR 00251 which had found
the following service deficiencies: the kitchen wall is wet and
has peeling paint and plaster and the bedroom walls have mildew.
In conversation with the DHCR Compliance Bureau, the tenant
indicated that the owner had made the necessary repairs. The
Compliance Bureau then advised the owner to apply for a rent
restoration.
After the application was filed, the tenant was requested to
confirm that the complaint had been resolved.
In reply, the tenant stated that although a corrective
attempt by painting had been made, the same defective conditions,
i.e. moisture and mildew, existed. The tenant requested an
inspection.
On April 28, 1987, a staff member of the DHCR conducted a
physical inspection of the subject premises. The inspector
reported that the heat was inadequate, the kitchen wall and area
around the window were water-stained and had peeling paint and
plaster, and the bedroom walls and ceilings had mildew.
Based on the results of the physical inspection conducted on
April 28, 1987, the Administrator determined that the defective
ADM. REVIEW DOCKET NO. BK 110212 RO
conditions had not been restored and denied the owner's
application for Rent Restoration.
In the appeal, the owner contends that the Compliance Bureau
had found that the necessary repairs had been completed and that
the appealed order does not indicate non-compliance.
The tenant contends that although repairs have been made, the
cause of the damages was never corrected. Since the defective
conditions are still present, the repairs were not properly done.
The Commissioner is of the opinion that this petition should
be denied.
Despite the owner's reliance on advice given by the
Compliance Bureau, whose conclusions were made without physical
inspection, subsequent physical inspection by another unit of the
DHCR revealed that the defects which led to the rent reduction had
not been corrected. Although the owner had made an effort to
repair which the tenant reported to the Compliance Bureau, events
later proved that the repairs made were inadequate, or not
properly done. The order clearly states the basis of the denial.
Accordingly, the Commissioner finds that the Administrator
correctly denied the owner's application.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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