STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a petition for administrative review
of an order issued on May 26, 1988, concerning the housing
accommodations known as 30 West 73rd Street, Apartment 1-AB,
New York, New York wherein the Rent Administrator determined the
tenant's complaint of a reduction of services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that a fire in the subject apartment on May 12, 1987 left
the apartment uninhabitable.
In an answer, the owner confirmed that the subject apartment was
severely damaged by fire, but argued that apartment services were
adequate to serve the tenant's needs until the resolution of
Housing Court proceedings to ascertain the responsibility, rights,
and obligations of the parties arising from the situation.
In subsequent correspondence the owner stated that the parties had
entered into a stipulation and asserted that the tenancy was being
terminated pursuant to the tenant's lease provisions. The owner
also advised that the tenant was residing in an adjacent apartment
not affected by the fire, and requested that the Rent Administrator
"defer judgment in favor of the City Court determination that the
premises will be restored in 1988."
An inspection of the subject premises by a DHCR inspector on
January 25, 1988 revealed that there was no gas or electricity,
that there was burn and smoke damage and broken paint and plaster
throughout the apartment, and that there were no windows.
The Rent Administrator issued the order that established the rent
at $1.00 per month pursuant to Section 2202.21 and 2202.22(c) of
the Rent and Eviction Regulations, effective May 1987, until such
time as the tenant was restored to occupancy.
In the petition for administrative review, the owner argued that
the Rent Administrator's order was premature, and requested that
the order be revoked and that the Rent Administrator reserve
decision until the Housing Court determined the issue of the
tenant's right to continue occupancy of the subject apartment.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
It is noted that the owner failed to provide evidence below or on
appeal whether the Housing Court established that the tenant did
not possess the right to occupy the subject apartment. In fact,
DHCR records of subsequent proceedings suggest the opposite; the
Rent Administrator issued an order on July 20, 1992 per Docket No.
FI410190OR that granted the owner's application to restore the
rent, noting the same tenant of record.
The Commissioner finds, therefore, that the Rent Administrator's
order was correct based on the record presented, and that there is
no basis for modifying or revoking the order.
THEREFORE, in accordance with the Rent and Eviction Regulations for
the City of New York, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA