CA110353RO

                        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




----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
APPEAL OF                               DOCKET NO.:   
                                        CA110353RO         
                   
       BETTERLAND REALTY CORP.,         RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
                                                  AH110649S 

                                                  PREMISES: 34-25 150 Pl.
                                   PETITIONER     Apt. 5-A, Flushing, NY
----------------------------------x


  ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


The above-named owner filed a timely petition for administrative 
review of an order issued on October 23, 1987 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 administrative appeal.

This proceeding was commenced on August 4, 1986 by a rent- 
stabilized tenant filing a complaint asserting that the owner had 
failed to maintain numerous services in the subject apartment.

On September 17, 1986, the Division sent the owner a copy of the 
tenant's complaint.

In an answer filed on February 5, 1987, the owner stated in sub- 
stance that all services are being maintained and repairs have been 
completed.

Thereafter, a physical inspection of the subject apartment was 
conducted by a Division staff member who confirmed the existence of 
defective conditions.












          CA110353RO


          Based on the inspection report, the Administrator determined that 
          the exhaust vents in bathroom and kitchen are not working; that the 
          windows permit air seepage; and that there is roach infestation.  

          The Administrator directed the restoration of services and a 
          reduction of the stabilized rent.

          In the petition for administrative review, the owner contended in 
          substance that extermination services are provided; that the 
          intercom system is new; that the vent system is functioning prop- 
          erly; and that the windows have all been replaced.

          On March 18, 1988, the Division mailed the tenant a copy of the 
          owner's petition.

          In an answer filed on April 4, 1988, the tenant stated in substance 
          that although the windows had been replaced and the intercom fixed, 
          the vent system is still malfunctioning and extermination services 
          not provided.  The tenant further asserted for the first time, that 
          his apartment has no baseboard molding; that his apartment is in 
          need of painting; and that his bathroom ceiling and walls are in 
          need of repair.

          After a careful consideration, the Commissioner is of the opinion 
          that the petition should be denied.

          The Administrator's order was based upon a staff inspector's report 
          which found decreased service within the apartment.  This determi- 
          nation was in all respects proper and is hereby sustained.  The 
          owner's answer in the proceeding below prior to the issuance of the 
          Administrator's order that repairs were made is belied by the 
          inspection report.  The owner's allegation in the petition that 
          repairs were completed fails to disturb the Administrator's order 
          which was correct when issued.

          The tenant's claims of defective conditions which were not the 
          subject of the Administrator's order may not be determined in this 
          proceeding and may be subject matter for a new complaint, if the 
          facts so warrant.

          The owner's rent restoration application under Docket No EJ- 
          110064OR, was granted on February 28, 1991.


          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






    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name