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.: CJ410192RT
DOCKET NO.: BL410072OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 18, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
September 23, 1988, by the Rent Administrator, concerning the
housing accommodation known as 118 West 79th Street, Apt. 1-D,
New York, N.Y., wherein the Administrator granted the owner's
application to restore rent, that had been reduced under Docket No.
L001250B on March 12, 1986.
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.
The issue herein is whether the Rent Administrator properly granted
the owner's rent restoration application.
On December 17, 1987, the owner filed a rent restoration
application, alleging that all repairs and services, which were the
subject of the rent reduction order issued under Docket No.
L001250B were restored.
The tenant filed an answer to the application alleging, in
substance, that the owner failed to restore all services.
A DHCR inspection conducted on March 14, 1988, revealed that the
owner was maintaining all essential services.
On appeal, the petitioner-tenant asserted, in pertinent part, that
services were curtailed. More specifically, the tenant alleged
1. Stairway doors do not close tightly (bad springs and balance).
2. New boiler emits excessive smells and petroleum odors and
creates loud banging in pipes.
3. Garbage is not picked up regularly.
4. New windows do not close tightly.
The petition was served on the owner on December 2, 1988, and on
December 20, 1988, the owner filed an answer to the petition
stating that the tenant's complaint is baseless and that a DHCR
inspection confirmed that all services are being maintained.
After a careful consideration of the entire evidence of 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 apply for an order of rent restoration.
The record shows that the Rent Administrator in granting the
owner's restoration application, based his findings on the results
of an inspection held by the DHCR on March 14, 1988, which revealed
that the conditions which were the subject of the Rent
Administrator's reduction order were being maintained as of the
date of the inspection.
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,
based upon decreased services, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, 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.
JOSEPH A. D'AGOSTA