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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS: BK410142RO
B. Ilibassi Realty Corp. D.R.O. DOCKET NO:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 23, 1987 the above-named petitioner-owner filed a
petition for administrative review against an order issued on
November 6, 1987 by the Administrator, (Gertz Plaza) concerning
housing accommodations known as Apt 3BN, 210 Thompson St.,New
York, N.Y., Wherein the Administrator denied the owner's
application to restore the rent based upon inspectorial report
which discloses that the owner had not restored the required
services to wit: exposed wires in the ceiling, the apartment was
painted in an unworkmanlike manner and some cracks are not
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.
In this petition the owner contends, in substance, that the
tenant has provided limited access to the apartment and refused
to schedule an appointment with its workers, in order to perform
the necessary repairs.
In response to the petition, the tenant states, in substance that
she does provide access; that the owner's workers made some
repairs but the work as performed was done in an unworkmanlike
After careful consideration of the entire record, the
Commissioner is of the opinion that this should be denied.
The Commissioner notes that the owner's workers had access to the
Docket No.BK410142RO - 2 -
apartment and could have completly performed the necessary
repairs. The Commissioner finds that the Administrator properly
determined that the owner had failed to fully restore the
required services by virtue of the Division of Housing and
Community Renewal (DHCR) inspection which occurred on August 27,
1987 and thus, the Administrator was correct in not restoring the
rent of the subject apartment.
This order and opinion is issued without prejudice to the owner's
right to file another application with the Division for a
restoration of rent based upon a complete restoration of
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 the Administrators order be, and the same hereby is affirmed.
Joseph A. D'Agosta