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.: DI110150RO
Rey-Cal Realty Corp./ RENT ADMINISTRATOR'S
Ramon Reyes, DOCKET NO.: CH110245OR
PETITIONER PREMISES: 88-06 Parsons Blvd.
Apt. 11C
Jamaica, NY
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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 on May 30, 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 August 31, 1988 by the owner filing
an application to restore rent based on the restoration of services
and the tenant's consent to same.
On April 4, 1989, DHCR transmitted a copy of the application to the
tenant.
A physical inspection of the subject apartment was conducted on May
8, 1989 by a DHCR staff member who confirmed that the bathtub
faucets had no water, the water pressure was a trickle; the bathroom
wall tiles were cracked, mismatched, broken and missing, requiring
extensive repairs; there was heavy vermin infestation throughout the
apartment; the entire apartment entrance door, door frames and door
knob were cracked and broken, needing replacement.
By an order dated May 30, 1989, the Administrator denied the owner's
application.
In the petition for administrative review, the owner denied the
inspection findings as to defective conditions; otherwise asserted
that the tenant refused access to repairmen, plumbers and
exterminators; and a hearing is requested. There are no attachments
to substantiate these allegations.
DI110150RO
On January 10, 1990, DHCR mailed a copy of the petition to the
tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Administrator's determination was based on the entire record
including the results of the physical inspection on May 8, 1989. The
owner's petition fails to rebut the finding that defective
conditions were not restored, warranting a continued rent reduction.
The contention of repairs is unsubstantiated and belied by the
record. The bare claim that the tenant refused access is raised for
the first time on appeal and beyond the scope of administrative
review. No hearing is necessary when the results of the physical
inspection were clear, convincing and unrebutted. Accordingly, the
determination was in all respects proper and is hereby sustained.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied,
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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