CH220127RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CH220127RT
Florence Berman,
RENT ADMINISTRATOR'S
DOCKET NO.: BL220204OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 11, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on July
29, 1987, by the Rent Administrator, concerning the housing
accommodation known as 7901 Bay Parkway, Brooklyn, N.Y., Apt. 2-A,
wherein the Administrator partly 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
January 26, 1987, under Docket No. AF220191S, had been partially
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 in part.
On December 29, 1987, the owner filed an application for rent
restoration, alleging that all services which were the subject of
the rent reduction order of January 26, 1987, had been restored.
The tenant filed an answer to the application alleging that the
owner failed to restore services in a workmanlike manner.
An inspection of the premises conducted on March 29, 1988, revealed
that repairs were partly completed. The rent was partially
restored for the following:
1. Plaster and paint in apartment.
2. Plaster on bathroom ceiling.
3. Flushometer.
The inspector further determined that the bathroom ceiling was in
need of painting.
CH220127RT
On appeal, the petitioner-tenant asserted, in pertinent part, that
the owner incompetently restored some services and failed to
restore others.
The petition was served on the owner on October 12, 1988.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
For rent controlled apartments, 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
restoring that portion of the rent attributable to the restored
services.
The record clearly shows that the Rent Administrator in granting
the owner's restoration application, in part, based his findings on
the results of an inspection held by the Division of Housing and
Community Renewal, on March 29, 1988, which revealed that the owner
was maintaining all services specified in the Administrator's rent
reduction order of January 26, 1987, with the exception of the
bathroom ceiling which was found to be in need of painting.
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.
The Division's records reveal that the owner has filed another
restoration application which is pending (Docket No. HH210130OR).
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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