STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review (PAR) of an order issued on August 9, 1988, concerning the
housing accommodations known as 250 Riverside Drive, Apt. 95,
New York, N.Y.
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 the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, the tenant notified an inspector from this Division by
telephone that the water leak in the bedroom closet has been abated
and all repairs have been completed in a workmanlike manner,
resulting in the Administrator's finding that the condition had
In the petition for administrative review, the tenant states, in
substance, that at the time the Division's inspector called to
inspect the apartment the closet was not leaking, however, the leak
resumed shortly thereafter.
The Commissioner is of the opinion that the petition should be
On the date of the scheduled inspection, July 12, 1988, the tenant
notified the inspector by telephone that the leak had been abated
and all repairs had been made in a workmanlike manner. Based on
this telephone conversation, the on-site inspection was cancelled
and the inspector filed a report stating the substance of the
conversation with the tenant. The Commissioner finds that the
Administrator's order was correct when issued and the tenant
presents no evidence to disturb the order.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA