DE120290RO
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.: DE120290RO
RENT ADMINISTRATOR'S
RICHARD ALBERT DOCKET NO.: CL120127OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW AND
MODIFYING ADMINISTRATOR'S ORDER
On May 18, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on May
2, 1989, by the Rent Administrator, concerning the housing
accommodation known as 93-49 222 Street, Apt 1Y, Queens Village, NY
wherein the Administrator denied the owner's application to restore
rent which had been reduced by an order under Docket No. BL120250S.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was commenced by the filing of an application
to restore rent dated Dec. 26, 1988 in which the owner alleged that
the services, as contained in the Administrator's order reducing
the rent, had been restored. In addition, the owner contended in
the application that the shower tile condition, as contained in the
order reducing the rent, was not raised in the tenant's original
complaint, and that the tenant has refused access for repairs since
the rent reduction order was issued.
In answer to the owner's application the tenant responded that
the owner's request should be denied as repairs have not been made.
An inspection conducted by a Division employee on April 12,
1989 confirmed that the required work had not been performed.
The Commissioner is of the opinion that the petition should be
denied.
The owner's contention that the shower stall condition was not
raised in the tenant's complaint is more properly the subject of a
DE120290RO
challenge to the rent reduction order and is, consequently, not
reviewable here. The Commissioner notes that such a challenge has
been docketed in CL120181RO and an order and opinion was issued
thereon which affirmed the rent reduction of $1.50 per month for
the shower stall condition.
The Commissioner notes that although the owner alleges that
access has been denied he has offered no evidence to substantiate
this allegation before the Administrator. In fact, he contends
that the repairs to the sagging floor have been completed. The
Commissioner finds that this assertion is controverted by the
results of the inspection.
THEREFORE, in accordance with the City Rent Law and the Rent
and Eviction Regulations, it is,
ORDERED, that this petition for administrative review be, and
the same hereby is, denied and that the Administrator's order be,
and the same hereby is, affirmed in accordance herewith.
ISSUED:
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Joseph A. D'Agosta
Deputy Commissioner
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