CE110203RO
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.: CE110203RO
RICHARD ALBERT RENT
ADMINISTRATOR'S DOCKET
NO.: BK110102OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 13, 1988 the above named petitioner-owner filed a Petition
for Administrative Review against an order of the Rent
Administrator issued on April 18, 1988 concerning the housing
accommodations known as Apt. 2B, 93-49 222nd Street, Queens
Village, NY, wherein the Administrator denied the owner's rent
restoration application.
The Commissioner has reviewed all the evidence of record and has
carefully considered that portion relevant to the issues raised on
appeal.
A review of the record reveals that the owner filed an application
on November 16, 1987, seeking restoration of rent that had been
reduced in an order issued on April 21, 1987 under Docket Number
QS004078S. The rent had been reduced based on a finding that the
owner had failed to repair the loose apartment entrance door lock,
the cracked ceilings and walls, the windows throughout the
apartment, the bathroom wall tiles, and the bathroom door frame.
The order also stated that the apartment needs painting and the
bedroom window screens are missing.
The owner stated in the restoration application that all repairs
are made in the subject apartment as needed, and that despite the
fact that the tenant has made access difficult, all items contained
in the rent reduction order have been fixed in the normal course of
events.
The application was served on the tenant on December 17, 1987 and
in response the tenant stated that the owner has not restored
services and that the owner's prior application for rent
restoration was also denied.
CE110203RO
A physical inspection on February 22, 1988 revealed that the
cracked walls and ceilings, the windows and the bathroom door frame
had not been repaired.
Based on this inspection, the owner's application was denied.
In the petition for administrative review, the owner asserts that
the conditions reported by the inspector do not exist, that window
repairs can only be done from a scaffold and in good weather, and
that the tenant is cooperating with a tenant representative who is
harassing the owner in violation of a court order.
The petition was served on the tenant on July 1, 1988.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
A rent restoration is warranted once it is established that the
conditions cited in a rent reduction order have been repaired. In
the instant case, a physical inspection by a DHCR employee who is
not a party to the proceeding and who is presumed to be impartial
revealed that repairs have not been completed. The Administrator's
order was based on the results of that inspection and the owner's
petition does not establish any basis for revoking or modifying
that determination.
The owner's allegation that the tenant is cooperating with a tenant
representative in violation of a court stipulation is
unsubstantiated and without merit.
The Division's records reveal that the owner's subsequent rent
restoration application was granted (Docket No. DG110100OR).
THEREFORE in accordance with the Rent Stabilization Law and Code,
it is
ORDERED that this petition be and the same hereby is denied and the
Rent Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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