STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
111 REALTY CO.,
PETITIONER DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 23, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 19, 1988, by the Rent Administrator, concerning the housing
accommodation known as Apartment 6-B, 111 Third Avenue, New York,
New York, wherein the Administrator denied the owner's rent
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
A review of the record reveals that on May 5, 1988, the owner filed
an application to restore rent in which he stated that all
conditions listed in the rent reduction order bearing Docket No.
BG410876S had been corrected.
In answer to the application, the tenant stated that the repairs
had not been made.
A Division of Housing and Community Renewal (DHCR) inspector
visited the subject apartment on July 22, 1988 and reported that
none of the required repairs had been completed.
Based on the inspector's report, the Rent Administrator issued the
order appealed herein denying the owner's application.
In the petition for administrative review, the owner asserts that
the subject apartment is in good condition and the defective
conditions do not exist. The owner submitted the same statements
submitted with the rent restoration application by the managing
agent and a plumber stating that repairs were done.
The petition was served on the tenant on October 17, 1988. The
tenant responded, objecting to the petition.
After careful consideration of the evidence of record, the Commis-
sioner is of the opinion that the petition should be denied.
The Division's inspector found that no repairs had been done and
the owner's petition does not establish any basis for modifying or
revoking that determination. In fact, the petition merely
reiterates statements made below which were contradicted by the
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA