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.: CH510016RO
Heights Realty Company, : RENT ADMINISTRATOR'S
DOCKET NO.: CA510099OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 11, 1988, the above-named petitioner-owner filed a timely
petition for administrative review of an order issued on August 1,
1988, by the Rent Administrator, concerning the housing
accommodation known as Apartment 55, 636 West 172nd Street, New
York, NY wherein the Administrator denied the owner's rent
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 record reveals that on January 25, 1988, the owner filed a rent
restoration application in which he stated that the subject
apartment, for which the rent had been established a $1.00 per
month, had been restored to a habitable condition.
An inspector from DHCR inspected the premises on June 9, 1988 and
reported that although repairs were in progress, the apartment
remained in an uninhabitable condition.
Based on this inspection report, the Rent Administrator denied the
In the petition for administrative review, the owner asserts that
it obtained legal possession of the apartment on February 29, 1988,
completely renovated it, and completed the work by June 2, 1988.
The owner adds that this work was in addition to the work done by
September 1987 which made the apartment habitable. The owner
claims that the inspector could not have investigated the condition
of the apartment because he did not acknowledge the renovation that
was done and he could not have gained access to the apartment
because it was vacant.
The petition was served on the former occupant at his new address
on September 25, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's application was based on an assertion that the
apartment had been restored to a habitable condition but the
subsequent inspection by the Division revealed that although
repairs were obviously in progress, the apartment was not yet
habitable. Contrary to the owner's statement, the inspector
evidently did gain access to the apartment and did note that work
was going on. Based on this inspection report, the Administrator
properly denied the owner's application.
The establishment of the rent at $1.00 per month for an
uninhabitable apartment pursuant to Section 2522.6 of the Rent
Stabilization Code, is designed to maintain the landlord/tenant
relationship between the parties until reoccupancy of the apartment
is possible. If, the owner obtained legal possession of the
apartment on February 29, 1988 as alleged, the owner may apply to
the Division for rent restoration with evidence of the date the
landlord/tenant relationship was terminated.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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