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.: CG110154RO
Jerome A. Campo,
DOCKET NO.: BK120016OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 8, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on June 9, 1988,
by the Rent Administrator, concerning the housing accommodation
known as 41-25 49th Street, Sunnyside, N.Y., Apt. 2-R, wherein the
Administrator denied the owner's application for rent restoration.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly denied
the owner's application for rent restoration based upon a finding
that services were not fully restored.
On November 5, 1987, the owner filed an application for rent
restoration alleging that the services, which were the subject of
the rent reduction order of October 8, 1987, under Docket No.
BB120496S, had been restored.
A DHCR inspection conducted on May 4, 1988, revealed that:
1. Parts of the ceiling and walls in the hallway between the
bathroom and both bedrooms are missing, and the walls and
ceiling are cracked, discolored and peeling paint and plaster;
2. Refrigerator gasket is worn out and freezer door is missing;
3. Apartment entrance door is rotted.
On appeal, the petitioner-owner asserted, in pertinent part, that
the order reducing rent dated October 8, 1987 refers to the
entrance hallway of the apartment but that the appealed order
describes the rear foyer not previously mentioned; that the
refrigerator is the property of the tenant; that he is not under
any obligation to repair the refrigerator; and that all other
repairs have been made.
The petition was served on the tenant on September 10, 1988.
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 apply for an order of rent restoration.
The petition sets forth several objections against the underlying
reduction order of October 8, 1987.
The Commissioner finds that these issues can not properly be raised
in the subject proceeding which was initiated by the owner to
obtain a rent restoration. The proper procedure is to raise these
issues in a PAR filed against the underlying rent reduction order.
The Commissioner notes that the owner failed to file an answer to
the tenant's complaint of decreased services in Docket No.
BB120496S despite having been sent two notices requesting his
response to the complaint.
The inspection of May 4, 1988, clearly showed that the owner failed
to restore those services specified in the rent reduction order of
October 8, 1987.
Accordingly, the owner's petition does not establish that rent
restoration is warranted.
The Commissioner finds, therefore, that the Rent Administrator
properly based his determination on the entire record, including
the results of the on-site inspection conducted on May 4, 1988 and
that the Rent Administrator properly denied the owner's application
to restore the rent upon determining that the owner had failed to
fully restore services.
The Commissioner notes that on February 2, 1989, under Docket No.
AK120558S, the Rent Administrator issued an amended order, which,
among other things, corrected the status of the subject apartment
from rent controlled to rent stabilized.
The Commissioner further notes that after the Rent Administrator
denied the subject application, the owner filed a second rent
restoration application alleging full restoration of services which
was also denied by the Rent Administrator on April 26, 1990.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, 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
LULA M. ANDERSON