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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 1, 1988, the above-named petitioner-tenant filed a petition
for administrative review (PAR) of an order issued on May 3, 1988,
by the Rent Administrator, concerning the housing accommodation
known as 44-20 Douglaston Parkway, Douglaston, New York, Apt. 7-B,
wherein the Administrator granted the owner's application for rent
restoration based upon a finding that those services which were the
subject of the Rent Administrator's reduction order of September
25, 1986, under Docket No. QS003686S, had been restored.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue of the administrative appeal.
The issue herein is whether the Rent Administrator properly granted
the owner's application for rent restoration.
On September 22, 1987, the owner filed an application for rent
restoration, alleging that all services which were the subject of
the rent reduction order of September 25, 1986, had been restored.
The tenant filed an answer to the application alleging that the
refrigerator is at least 20 years old and that there is still some
food spoilage and that there is still some water seepage from the
A DHCR inspection conducted on February 11, 1988, revealed that all
repairs have been completed. More specifically the report showed
1. Living room ceiling and walls have been repaired.
2. The bedroom ceiling has been painted.
3. The refrigerator door gasket has been properly replaced.
4. The top left bedroom window is operative.
On appeal, the petition-tenant asserted, in pertinent part, that
the refrigerator gasket was replaced but that the refrigerator
still does not work properly and that the window does not close
The petition was served on the owner on August 15, 1988 and on
August 29, 1988, the owner filed an answer to the petition stating
that the refrigerator is in good working order and must be
defrosted as required.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The owner, on proof of restoration of those services which were the
subject of the Rent Administrator's reduction order is, by law,
entitled to an order of rent restoration.
The record clearly shows that the Rent Administrator in granting
the owner's restoration application, based his findings on the
results of an inspection held by the Division of Housing and
community Renewal, on February 11, 1988, which revealed that the
owner was maintaining all services specified in the Administrator's
rent reduction order of September 25, 1986.
The Commissioner deems it appropriate to rely on the results of the
Division's inspection and finds that the petitioner failed to
adduce convincing evidence that the inspector's findings were
erroneous in any way.
This order is issued without prejudice to the tenant's continuing
right to file an appropriate application for a rent reduction, if
the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA