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.: DK120382RT
ROSEMARY CHIESA DOCKET NO.: DE120113OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 8, 1989, the above-named petitioner-tenant filed
a petition for administrative review of an order issued on October
31, 1989, by the Rent Administrator, concerning the housing
accommodation known as 93-49 222 St., Apt. 1Y, Queens Village, NY
wherein the Administrator ordered a partial restoration of rent.
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 by the owner of an
application to restore rent which had been reduced under order
BL120750S issued on December 12, 1988. An inspection conducted by
the Division on October 5, 1989 determined that the services had
been partially restored and granted a restoration of $1.50 per
In the PAR, the tenant states that the order partially
restoring rent contains the statement that the owner may refile for
the remaining rent restoration upon repairing the kitchen floor.
The order reducing the rent, however, describes the service
reduction as kitchen and adjacent floor. In this PAR, the tenant
wants the rent restoration order to be modified to include the
adjacent floor. Tenant further states in the PAR there has been no
attempt to correct the kitchen and adjacent floor.
The Commissioner is of the opinion that the tenant's PAR
should be denied.
The Commissioner finds that the statement in the rent
restoration order merely acts to remind the owner of the
outstanding service reduction and does not serve to alter or modify
the rent reduction order. The tenant's allegation that the owner
has not repaired the floors is irrelevant in this proceeding, as
the order herein appealed makes no such finding.
THEREFORE, pursuant to the City Rent Law and the Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Administrator's order be, and the same hereby
is, revoked in accordance with this order and opinion.
Joseph A. D'Agosta