STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CE110152RT
DOCKET NO.: BJ110157OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 31, 1988, the above-named petitioner-tenant filed a petition
for administrative review of an order issued on April 26, 1988, by
the Rent Administrator, concerning the housing accommodation known
as 74-08 260th Street, Apt. 2, Glen Oaks, New York, wherein the
Administrator granted the owner's rent restoration application.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing of an application to
restore rent dated October 22, 1987, alleging that all repairs
required under a previous rent reduction order had been completed.
A copy of the owner's application was served on the tenant, who
opposed the restoration stating that while the interior plaster
work had been completed, the source of the problem had not been
addressed in that no repairs were done to the exterior walls. An
inspection conducted on January 21, 1988 found no evidence of water
seepage in the affected areas, and that while the stairwell foyer
ceiling had been plastered, it had not been painted.
The Administrator issued its order restoring the rent with the
directive that the foyer ceiling be painted.
In the petition for administrative review, the tenant states that
the rent was improperly restored in that there had not been a full
restoration of services.
The Commissioner is of the opinion that the petition should be
Generally, in order for a rent restoration application to be
granted, it must be established that the conditions cited in the
rent reduction order have been restored and the work in connection
therewith has been completed. There are, however, limited
instances where a condition remains which is a deficiency which
does not rise to the level of a reduction in services.
The evidence of record, including the tenant's answer below,
indicates that the repair work was performed, and inspection
disclosed no reoccurence of the seepage. The Commissioner finds
that the remaining condition consisting of the requirement to paint
the re-plastered stairwell foyer ceiling would not, on its own
constitute a failure to maintain services.
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