CK530039RT
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.: CK530039RT
Rosie McSpadden-Eugene,
RENT ADMINISTRATOR'S
DOCKET NO.: CB510172OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 7, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
October 27, 1988, by the Rent Administrator, concerning the housing
accommodation known as 610 West 141st Street, New York, N.Y., Apt.
5-A, wherein the Administrator determined that the owner should be
granted partial restoration of the rent based upon a finding that
certain services had been restored. The order specified that the
owner may reapply for full restoration when repairs are completed
to the defective stairway windows between the 4th and 3rd floors
and the 3rd and 2nd floors.
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
restored the rent of the subject apartment.
On February 3, 1988, the owner filed an application for rent
restoration alleging that services for which a rent reduction order
had been issued by the Rent Administrator on November 5, 1984,
under Docket No. 2T-9900090-143 has been restored.
The tenant filed an answer to the application alleging that the
owner failed to correct all service deficiencies.
A DHCR inspection conducted on September 19, 1988, revealed that:
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1. There is no evidence of defective lobby and building entrance
door checks. Door checks are working properly.
2. Lobby door is properly locked.
3. Public areas are clean.
The inspector did find cracked and broken windows in the stairways
at two locations.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the lobby ceiling is falling down and the public areas are dirty.
The petition was served on the owner on December 14, 1988 and on
December 19, 1988, the owner filed an answer to the petition
stating that the subject building is maintained clean at all times
and that the inspection results corroborate this statement.
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 an order of rent restoration.
The record clearly shows that the Rent Administrator in partially
granting the owner's restoration application, based his findings on
results of an inspection held by the Division of Housing and
Community Renewal, on September 19, 1988, which revealed that the
owner was maintaining all of the services specified in the
Administrator's rent reduction order of November 5, 1984, except
for certain public area windows that required repair.
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.
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
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the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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