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.:
610 WEST 142ND STREET OWNER'S CORP.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 28, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on June 10,
1988, by the Rent Administrator, concerning the housing
accommodation known as 610 West 142nd Street, New York, New York,
apartment 2-F, wherein the Administrator partially granted the
owner's application for rent restoration.
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 application for rent restoration.
On October 20, 1987, the owner filed an application for rent
restoration, alleging that it had restored all those services which
were the subject of the Rent Administrator's rent reduction order
of October 9, 1987.
The tenant filed an answer to the complaint alleging that the
refrigerator has not been repaired or replaced since the time of
the original complaint.
A Division of Housing and Community Renewal (DHCR) inspection
conducted on April 14, 1988, revealed that, although all other
services and repairs were being maintained, the refrigerator was in
a state of disrepair.
On appeal, the petitioner-owner asserted, in pertinent part, that
the tenant refuses to accept various replacement refrigerators
which are being offered to her.
The petition was served on the tenant on August 2, 1988, and on
August 22, 1988, the tenant filed an answer to the petition stating
that the replacement refrigerator which had been accepted was never
delivered to the apartment and other refrigerators that were
offered were in poor condition.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The Commissioner notes that the Rent Administrator denied the
owner's application for rent restoration, on February 2, 1989,
under Docket No. CF520160OR, but granted the owner's application
for rent restoration, on July 18, 1989, effective April 1, 1989,
under Docket No. DB520078OR.
The subject application for rent restoration was filed by the
owner, on October 20, 1987, in which the owner certified that all
repairs which were the subject of the rent reduction order, issued
on October 9, 1987, had been restored. In particular, the owner
stated that the refrigerator was repaired.
The DHCR inspection held on April 14, 1988, confirmed that the
refrigerator was in a state of disrepair. More specifically, the
inspector determined that the refrigerator had two broken shelves,
that the floor of the refrigerator was broken and that the food
compartment was too cold.
The owner's petition does not establish that full rent restoration
was warranted. The inspection substantiated the tenant's
contention that the refrigerator was in a state of disrepair and
that any repairs which were made were not done properly.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site inspection conducted on April 14, 1988, and that the
Administrator properly denied the owner's application to fully
restore the rent upon determining that the owner had failed to
fully restore services.
THEREFORE, in accordance with the provisions of the Rent and Evic-
tion Regulations for New York City, it is
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