DHCR Decisions
DA110076RO
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.: DA110076RO
RENT ADMINISTRATOR'S
DOCKET NO.: CC110179OR
Philip Iannucci,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 30-99 43 Street, Apt. 4F, Astoria, N.Y.
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 petition.
The owner commenced this proceeding to restore rent based on
restoration of service in the subject apartment.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
the following defective conditions: kitchen sink cold water faucet
leaks, and the foyer walls and ceiling have peeling paint, plaster
and water stains.
The Rent Administrator issued an order on November 17, 1988,
denying the owner's rent restoration application and terminating
the proceeding.
In the petition for administrative review, the owner states,
in substance, that repairs have been made, and attaches a receipt
for work performed. Also, the owner requestes another inspection.
The DHCR served a copy of the petition on the tenant on
February 27, 1989.
DA110076RO
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's contention and supporting evidence that the
repairs had been made is not only insufficient reason to disturb
the Administrator's order, but in the opinion of the Commissioner
is reason to affirm the order. The owner submitted with the
petition a receipt from his handyman, dated December 7, 1988, which
is past the date of issuance of the order being appealed. The
receipt is unsigned by the handyman and fails to reference the
subject apartment.
The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the continued existence of defective
conditions in the subject apartment for which the rent had been
reduced.
The owner may file another rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, 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, affirmed.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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