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.:
SHIRLEY BERNHEIM, RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 16, 1987, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on November
18, 1987, by the Rent Administrator, concerning the housing accom-
modation known as 68-12 Yellowstone Boulevard, Forest Hills,
New York, Apartment 6-W., wherein the Administrator granted the
owner's application for rent restoration based upon an inspection
of the premises, on September 25, 1987, which disclosed that a
garage attendant was present at the time of the inspection. The
Rent Administrator restored the rent of the subject apartment by
$5.00 per month.
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
restored the rent of the subject apartment.
On appeal, the petitioner-tenant asserted that there has not been
a garage attendant on duty at any time for many months and that, at
best, the garage attendant has been on duty before that at
The petition was served on the owner on January 25, 1988.
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's restoration application was filed on July 31, 1986.
In August, 1986, a number of tenants responded to the owner's
application, alleging, in substance, that although the owner is
providing a garage maintenance man; they differed as to the precise
date that the service was restored. Other tenants objected to the
rent restoration on the ground that they do not own a car or use
the garage. The record does not contain any answer by the
The Commissioner notes that although fifty-five (55) tenants were
involved in the proceeding below, only the petitioner filed the
The record clearly shows that the Rent Administrator in granting
the owner's restoration application, properly based his findings on
the entire record including the inspection held by the Division of
Housing and Community Renewal (DHCR), on September 25, 1987.
This order is issued without prejudice to the tenant's continuing
right to file an appropriate application for a rent reduction, if
the facts so warrant.
THEREFORE, in accordance with the provision of the Rent and Evic-
tion Regulations for New York City, it is,
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and that the order of the Rent Adminis-
trator be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA