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.: CI420016RT
DOCKET NO.: CC420046OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 2, 1988, the above-named owner filed a timely petition
for administrative review (PAR) of an order issued on August 23,
1988, by the Rent Administrator, concerning the housing
accommodation known as 170 Second Avenue, Apt. 5-B, New York, N.Y.,
wherein the Administrator partially granted 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 granted
the owner's application for rent restoration in part.
On February 29, 1988, the owner filed an application for rent
restoration, alleging that it had restored all those services which
were the subject of the Rent Administrator's rent reduction order
of January 4, 1988, issued under Docket No. BF410324S.
The tenant filed an answer to the application alleging that the
failure of services for which the Rent Administrator reduced the
rent has not been improved and that the windows continue to pose
A DHCR inspection conducted on July 22, 1988, revealed that the
kitchen top window was operating properly but that the living room
window was still operating improperly in that it was difficult to
On appeal, the petitioner-tenant asserted, in pertinent part, that
the right window in the living room and the bathroom window are
The petition was served on the owner on October 7, 1988.
After a careful consideration of the entire evidence or 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 an order of rent restoration.
A review of the record reveals that the rent reduction order of
January 4, 1988, reduced the rent based upon a defective kitchen
top window and a defective living room window.
The DHCR inspection of July 22, 1988, confirmed that the kitchen
window was operating properly but that the living room window was
The Commissioner notes, however, that the tenant's PAR addresses
the failure of the bathroom window to work properly.
A review of the file discloses that the bathroom window was not a
subject of the rent reduction order.
Accordingly, the tenant's petition fails to establish that the Rent
Administrator improperly granted the owner's application in part.
Therefore, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site inspection conducted on July 22, 1988, and that the
Administrator properly granted in part the owner's application to
restore the rent.
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,
JOSEPH A. D'AGOSTA