CA110264RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CA110264RO
RENT ADMINISTRATOR'S
BETTERLAND REALTY CORP., DOCKET MO.: BF110210S
PREMISES: 34-25 150TH PL.
APT. 5B
PETITIONER QUEENS, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on January 21, 1988
concerning the housing accommodations relating to the above-
described docket number.
The issue in this appeal is whether the Administrator's order
was warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
This proceeding was commenced on June 30, 1987 by the tenant
filing a complaint asserting that the owner had failed to maintain
numerous defective conditions in the subject apartment.
On October 20, 1987, the Division sent the owner a copy of the
tenant's complaint.
In an answer filed on November 2, 1987, the owner stated in
substance that services are being provided and repairs being
performed.
On November 23, 1987, an on-site inspection of the subject
apartment was conducted by a Division staff member who confirmed
the existence of numerous defective conditions.
Based on the inspection, the Administrator determined that the
windows in the bathroom, bedroom and living room are water-damaged
due to water seepage; that the windows throughout the apartment are
CA110264RO
defective, cracked and rotted; that the stove is defective, pilot
lights broken and oven needing repairs; and that the vents in the
kitchen and bathroom are inoperable. The Administrator directed
the restoration of services and the reduction of the stabilized
rent.
In the petition for administrative review, the owner
questioned the inspector's findings when the building window
replacement project was completed in the spring of 1987, i.e.
before the inspection. The owner also contended that the vents are
in operating condition and that oven repairs are scheduled for
January 1988.
On February 29, 1988, the Division mailed the tenant a copy of
the owner's petition.
The Commissioner is of the opinion that the petition should be
denied.
The order appealed from was based upon a staff inspector's
report which found defective conditions within the apartment. The
determination was in all respects proper and is hereby sustained.
The owner's unsubstantiated assertions that the windows of the
entire building had been replaced, that the vents are in operating
condition, and that the oven repairs are scheduled subsequent to
the issuance of the Administrator's order, fail to rebut the
inspector's findings.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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