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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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Isaac Heits c/o Manor Management
RENT ADMINISTRATOR'S
DOCKET NO.:
AF220077OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 21, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
February 18, 1988, by the Rent Administrator, concerning the
housing accommodation known as 1958 50th Street, Apt. 2-D,
Brooklyn, N.Y., wherein the Administrator granted the owner's
application to restore rent, that had been reduced under Docket No.
2T657957/98.
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 granted
the owner's rent restoration application.
On June 17, 1986, the owner filed a rent restoration application,
alleging that all repairs and services, which were the subject of
the rent reduction order issued under Docket No. 2T657957/98 were
restored.
The tenant filed an answer to the application alleging, in
substance, that the owner failed to restore all services.
A DHCR inspection conducted on January 22, 1988, revealed that the
owner was maintaining all essential services. The owner, however,
was directed to replace one mailbox lock.
On appeal, the petitioner-tenant asserted, in pertinent part, that
services were curtailed and that heat and hot water was sporadic.
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The petition was served on the owner on May 12, 1988, and on May
17, 1988, the owner filed an answer to the petition stating that
the DHCR's inspection report showed that all services were being
maintained at the time of the inspection.
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, on proof of restoration of these services which were the
subject of the Rent Administrator's reduction order is, by law,
entitled to apply for an order of rent restoration.
The record shows that the Rent Administrator in granting the
owner's restoration application, based his findings on the results
of an inspection held by the DHCR on January 22, 1988, which
revealed that the conditions which were the subject of the Rent
Administrator's reduction order were being maintained as of the
date of the inspection.
The Commissioner deems it appropriate to rely on the results of the
Division's inspection and finds that the petitioner failed to
adduce convincing evidence that the inspector's findings were
erroneous in any way.
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 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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