CI130121RO
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.: CI130121RO
ISIDOROS G. MICHALOS RENT
ADMINISTRATOR'S DOCKET
NO.: CA130199OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 8, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on August 18, 1988 concerning the housing
accommodations known as various apartments at 39-70 62nd Street,
Woodside, NY wherein the Administrator denied the owner's rent
restoration application.
The Commissioner has carefully reviewed all the evidence of record
and has carefully considered that portion relevant to the issues
raised on appeal.
The owner filed an application seeking restoration of rent that had
been reduced in an order issued on November, 25, 1986 under Docket
No. AB130014B. The rent reduction was ordered based on a finding
that the owner had failed to repair or restore the defective
building entrance and vestibule door locks, defective bells, dirty
garbage area and uncovered cans, and defective windows throughout
the building.
A physical inspection by DHCR on July 5, 1988 revealed a missing
lock on the main entrance door, defective bells in some apartments,
dirty garbage area and uncovered cans, and defective windows.
Based on the inspector's report, the owner's application was
denied.
In the petition for administrative review, the owner objects to the
Administrator's order on the ground that the main entrance door
never had a lock but a lock and buzzer system was recently
installed on the second door and it is working properly, that the
newly installed buzzer and intercom system replace the former bells
and is working properly, that new garbage cans have been installed
CI130121RO
with new covers that are secured with chains, that the
superintendent keeps the garbage area clean, and that there are no
broken or defective windows in the building. The owner argues that
he has substantially complied with the directive to restore
services and the continuation of a building-wide rent reduction is
unfair.
The petition was served on the tenants on November 18, 1988.
Several tenants filed answers urging that the owner's petition be
denied because many defective conditions remain as noted by the
inspector.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
An owner is entitled to restoration of rents that were ordered
reduced by DHCR because of a finding of failure to maintain
services once it is established that all required services cited in
the rent reduction order have been restored. The determination as
to whether services have been restored is generally made on the
basis of a physical inspection of the premises by a DHCR employee.
In the instant case, the Division's inspector found that none of
the conditions for which the rent had been reduced had been
restored. The Rent Administrator properly relied on the results of
this report by an impartial employee of the agency in denying the
owner's application. The owner's unsubstantiated statements in the
petition are not sufficient to rebut physical inspection by the
Division.
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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