STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CH110220R0
Hen Yam Lee Corp./
Edwin J. Lee,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: CB110200OR
PETITIONER PREMISES: 36-07 Steinway St.
Apt. No. 2B
Long Island City
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 8, 1988 concerning the housing
accommodations relating to the above-described docket number.
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 this administrative appeal.
This proceeding was commenced on February 26, 1988 by the owner
filing an application to restore rent based on the alleged
restoration of services. A rent reduction order was issued on
January 27, 1988 under Docket Number BG110354S, based on a finding
of reduced services.
On April 12, 1988, the Division transmitted a copy of the owner's
application to the tenant.
In an answer filed on April 22, 1988, the tenant denied that
services were restored.
Thereafter, an on-site inspection of the subject apartment was
conducted on June 22, 1988 by a Division staff member who reported
that the windows in the kitchen, living room and bedroom have
defective locks, inoperative top and bottom sashes, and missing
chains; that the bathroom ceiling is cracked and uneven; that the
refrigerator door is not aligned and not properly repaired with
acceptable materials; that the apartment door has been repaired in
an unworkmanlike manner, i.e. the apartment door hole has been
repaired with aluminum plates and the apartment door frame is
On August 8, 1988, the Administrator denied the owner's application.
In the petition for administrative review, the owner contends that
the windows are not broken and all operational; that the bathroom is
a textured stucco pattern; that the freezer door was broken by the
tenant and now replaced; and that the item about the defective
apartment entrance door was not in the tenant's original complaint.
On October 14, 1988, the Division mailed a copy of the owner's
petition to the tenant.
In an answer filed on November 3, 1988, the tenant asserted in
substance that repairs were not made.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
A search of Division records reveals that a Commissioner order under
Docket Number CB110188RO affirmed the correctness of the rent
reduction order (BG110354S), and ruled that the item about the
defective apartment entrance door was not in the tenant's original
complaint. However, this does not alter the substance of the
Administrator's determination in the rent restoration order, which
was based on an on-site report finding the continued existence of
numerous defective conditions within the apartment, items which were
in the tenant's initial complaint. The determination was in all
respects proper and is hereby sustained.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby, is affirmed.
JOSEPH A. D'AGOSTA