CG110189RT
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.: CG110189RT
ELEODORA CORTEZ RENT
ADMINISTRATOR'S DOCKET
NO.: BL110167OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On July 29, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 15, 1988. The order concerned housing
accommodations known as Apt C3 located at 47-06 46th Street,
Woodside, N.Y. The Administrator granted the owner's rent
restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on December 31, 1987 by
filing a rent restoration application wherein he alleged that the
tenant was refusing access to the subject apartment for repairs to
be done in accordance with the Administrator's order issued in
Docket No. BD110094S. The Commissioner notes that the rent was
reduced based on findings of roach infestation and defective pilot
lights on the stove.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
February 3, 1988 and disputed the owner's assertion that access to
the apartment had been denied.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on April 1, 1988 and
revealed evidence of roaches in the kitchen and bathroom. The
inspector also reported that the stove had been repaired.
The Administrator issued the order being appealed on
July 15, 1988. The owner's application was granted and the rent
was ordered restored effective February 1, 1988. The tenant was
CG110189RT
cautioned to allow the owner access to correct the roach
infestation condition.
On appeal the tenant states, in relevant part, that the
apartment is still infested with roaches and that she provided
access to the apartment to the owner. The petition was served on
the owner on September 16, 1988.
The owner filed a response on October 5, 1988 and stated, in
sum, that the order being appealed was correctly issued and should
be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the proceeding should be remanded to the Administrator for
further processing.
The Commissioner's review of the record reveals that the owner
never proved its assertion in the rent restoration application that
the tenant was refusing to allow access to the apartment.
Furthermore, the inspector reported evidence of roach infestation
in the kitchen and bathroom. Based on the foregoing, the
Administrator should not have granted rent restoration.
The proceeding must be remanded to the Administrator for
further processing. On remand the owner must establish, by proper
proof, that the tenant either withheld access to the subject
apartment or that the infestation condition has been corrected.
The order hereunder review remains in full force and effect until
a new order is issued on remand.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that this proceeding be, and the same hereby is,
remanded to the Administrator for further processing consistent
with this order and opinion.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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