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.:
J.R. SHOREY, RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 24, 1988, the above-named petitioner-tenant filed a timely
petition for administrative review (PAR) of an order issued on May
27, 1988, by the Rent Administrator, concerning the housing accom-
modation known as Apartment 4, 276 10th Street, New York, New York,
wherein the Administrator denied the tenant's rent reduction
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The record reveals that the tenant filed a complaint on February
24, 1988, alleging that there is no electricity, water or plumbing,
and that the owner has not cleaned up the rubble from the water
The owner did not answer the complaint.
A Division of Housing and Community Renewal (DHCR) inspector
reported that he was unable to gain access to the apartment on
April 11 and 20, 1988.
Based on the inspector's report, the Rent Administrator issued the
order appealed herein denying the application for a rent reduction
and terminating the proceeding.
In the petition for administrative review, the tenant asserts that
the inspector did visit the apartment on May 3, 1988, and viewed
the damage. The tenant enclosed a copy of a notice of inspection
bearing different docket numbers than the proceeding herein and
photographs purporting to show the condition of the apartment.
The petition was served on the owner on August 12, 1988.
After careful consideration of the evidence of record the
Commissioner is of the opinion that the petition should be denied.
A review of the Division's records reveals that an order was issued
on July 6, 1988 (Docket No. CC410267S) in which the rent was
established at $1.00 per month effective January 29, 1988, based on
a physical inspection confirming substantial fire damage to the
apartment. Since the complaints in both proceedings were identical
and the rent was established at $1.00 as of the date the fire
occurred, the tenant was granted in another proceeding the remedy
The Division's records also indicate that the owner's rent
restoration application was granted on May 23, 1989, (Docket No.
CI410088OR) based on an inspection revealing that the apartment had
been restored to its original condition prior to the date of the
fire. That order was not appealed by the tenant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA