STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:BL220300RT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 10, 1987, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on November
6, 1987, by the Rent Administrator, concerning the housing
accommodation known as 901 Avenue H, Brooklyn, NY, Apt. 5-H wherein
the Administrator determined that the owner had partially corrected
the conditions upon which a prior rent reduction order had been
based and partially granted the owner's application for a
restoration of rent. The maximum/legal rent of the subject rent-
controlled apartment was restored in the amount of $10.00 per month
plus all lawful increases granted subsequent to the order reducing
rent. The Rent Administrator's determination was based on an
inspection, held on September 17, 1987, which showed that not all
repairs had been made. More specifically, the inspection showed
that the only uncorrected condition was the water-damaged master
bedroom ceiling and small bedroom wall.
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 issued
the appealed order which partially granted the owner's application
for a restoration of rent.
Docket No. BL220300RT
On appeal, the petitioner-tenant alleged that the condition upon
which the order decreasing rent was based has not been corrected by
the owner. The tenant asserted that the master bedroom ceiling was
steadily getting worse because of the shower still in the apartment
immediately above. After a careful consideration of the evidence
of record the Commissioner is of the opinion that the
administrative appeal should be denied.
A review of the file indicates that the Rent Administrator
specifically excepted the repair of the water-damaged master
bedroom ceiling and small bedroom wall from the order restoring
rent. Consequently, the petitioner's claim that the owner had not
corrected the very same conditions is both redundant and nugatory.
Accordingly, the Commissioner finds that the Rent Administrator
properly issued the appealed order, which partially granted the
owner's application for a restoration of rent.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
Upon a restoration of services the owner may separately apply for
a rent restoration.
JOSEPH A. D'AGOSTA