ADM. REVIEW DOCKET NO.: CD 110162 RT
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.:
CD 110162 RT
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BI - 120036 OR
ALBERT A. CORIOU
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 29, 1988, the above-named petitioner-tenant filed a
Petition for Administrative Review (PAR) against an order issued
on April 6, 1988, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodation known as
94-26 34th Road, Jackson Heights, New York, Apartment No. E-7
wherein the Administrator determined the owner's application to
restore rents previously reduced under docket No. AK-130025 B.
The Administrator's order restored rent in the amount of
$7.00 per month effective May 1, 1988 based on a physical
inspection held on January 19, 1988 that revealed that there was
no evidence of mice, roach or vermin infestation in public areas,
and no evidence of dirty incinerator rooms; i.e., the conditions
that gave rise to the rent reduction.
On appeal, the tenant argues that "in the absence of both
notice and appearance management has been improperly
exonerated...." and adds that the owner has not corrected various
conditions within his apartment.
The tenant appears to be raising due process questions.
However, the record reflects that the tenant was served properly
with the owner's rent restoration application. Moreover, the
inspection confirmed that services had been restored. In light
of the record there is no warrant to consider this matter
further.
The Commissioner also notes that an administrative appeal
ADM. REVIEW DOCKET NO.: CD 110162 RT
of a rent restoration order is limited to consideration of
service issues in the proceedings below and is not an appropriate
vehicle to raise additional service matters.
THEREFORE, in accordance with the provisions of the City
Rent Control Law and the Rent and Eviction Regulations, it is
ORDERED, that the 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
Acting Deputy Commissioner
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