DHCR Decisions
ADM. REVIEW DOCKET NO.: CA110383RO
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.:
CA110383RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BF110188S
PREMISES:
34-25 150th Pl.
Apt. No. 6M
Flushing, NY
BETTERLAND REALTY CORP.,
PETITIONER :
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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 15, 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 administrative appeal.
The proceeding was commenced on June 3, 1987 by a rent-
stabilized tenant filing a complaint asserting that the owner had
failed to maintain numerous services in the subject apartment.
On August 10, 1987, the Division sent the owner a copy of the
tenant's complaint.
ADM. REVIEW DOCKET NO.: CA110383RO
On August 18, 1987, the owner filed an answer denying the
allegations as set forth in the tenant's complaint and/or otherwise
asserting that repairs had been performed or are going to be
completed.
Thereafter, an inspection of the subject apartment was
conducted on December 1, 1987 by a Division staff member who
reported that there are leaks and water-seepage damage in the
ceiling and wall areas over the windows of the living room; that
there is peeling paint and plaster in the living room; that the
catches on the kitchen cabinet doors are broken and not working;
and that the vents in the kitchen and bathroom are inoperable.
The Administrator directed the restoration of services and
ordered a reduction of the stabilized rent.
In the petition for administrative review, the owner contends
in substance that the apartment is "scheduled for painting"; that
"the kitchen cabinets will be taken care of"; and that "the vents
in the kitchen and bathroom are in operating condition".
On November 22, 1991, a copy of the owner's petition was
mailed to the tenant.
After careful consideration, 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 decreased services within the apartment. The
determination was in all respects proper and is hereby sustained.
The owner's allegation of repairs after the issuance of the
Administrator's order is not only unsubstantiated, but also fails
to disturb the Administrator's order which was correct when issued.
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
ADM. REVIEW DOCKET NO.: CA110383RO
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