ADM. REVIEW DOCKET NO.: CH 610167 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.:
CH 610167 RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BL 630083-OR
ERNEST RICHMAN/VARIOUS,
PREMISES: 2001-15
Newbold Ave.,
PETITIONER : Bronx, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for
administrative review of an order issued on July 7, 1988 concerning
the housing accommodations relating to the above-described docket
number wherein the Administrator ordered a rent restoration based
on a finding of a restoration of services.
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.
This proceeding was commenced on December 29, 1987 by the
owner filing an application to restore rent based on the
restoration of services for which a rent reduction order (AH-60039-
B) was issued on March 18, 1987.
Various tenants answered the owner's application, denying in
substance the owner's allegation of repairs.
Thereafter, an inspection of the subject building was
conducted on April 6, 1988 by a Division staff member who reported
the restoration of services.
ADM. REVIEW DOCKET NO.: CH 610167 RT
Based on said inspection, the Administrator determined that
the building entrance door handle has been replaced and that there
is no hole in the vestibule floor. The Administrator granted the
application restoring the maximum rent in the amount of $5.00 per
month effective August 1, 1988.
In this petition, various tenants contend in substance that
the building entrance door and the vestibule floor are still
defective.
The Commissioner is of the opinion that the petition should be
denied.
Despite the tenants' unsupported contention, a review of the
evidence of record shows that the Administrator based his
determination on the entire record, including the results of the
April 6, 1988 inspection which revealed that the building entrance
door handle has been replaced and that there is no hole in the
vestibule floor.
Accordingly, the Commissioner finds that the Administrator
correctly determined that the owner had restored services.
THEREFORE, in accordance with the Rent and Eviction
Regulations, 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
Acting Deputy Commissioner
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