STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DF110145RO
Ramon Reyes /
Rey-Cal Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.: DA110136OR
88-06 Parsons Blvd.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 2, 1989 concerning the housing
accommodations relating to the above-described docket number.
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 this administrative appeal.
This proceeding was commenced on January 20, 1989 by the owner
filing an application to restore rent based on the restoration of
On February 10, 1989, the tenant was served with the owner's
Thereafter, a physical inspection of the subject apartment was
conducted on April 13, 1989 by a DHCR staff member who reported that
the buzzer and the outside door lock were inoperable.
By an order dated May 2, 1989, the Administrator denied the owner's
In the petition for administrative review, the owner contends that
the defective door lock was not about the apartment door but about
the building entrance doors which cannot be buzzed open for safety
reasons; and that the tenants' association had decided to leave the
building entrance doors in this manner to prevent burglaries.
On September 15, 1989, DHCR mailed the tenant a copy of the
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The bare allegation that the tenants'association had decided that
the building entrance doors could not be buzzed open for safety
reasons fails to disturb the results of the physical inspection
which confirmed the continued existence of defective conditions,
warranting a denial of the owner's rent restoration application. The
Administrator's determination based on the entire record including
the results of the April 13, 1989 physical inspection was in all
respects proper and is hereby sustained.
The Commissioner notes that the owner's petition against the
underlying rent reduction order (CG110016RO/BK110423S), which
related to these identical defective conditions, was denied on
October 7, 1993.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA