STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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 106 West 13th Street, Apt. 4, New York, New York.
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.
This proceeding was commenced by the filing of an application to
restore rent asserting that the owner had restored certain services
in the subject apartment.
In an answer, the tenant denied the owner's affirmation set forth
in the owner's application or otherwise asserted that all required
repairs had not been completed.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who confirmed the existence of the following
defective conditions: Active leak around heating pipe in kitchen,
ceiling holes from water damage, inadequate janitorial services.
The Rent Administrator denied the owner's application to restore
In its petition for administrative review, the owner states in
substance, that a new cold water pipe was installed, that there is
landlord/tenant litigation pending, that the tenant has not paid
rent, that the owner is being harassed, that the tenant has filed
other complaints which are pending, and that the owner should be
permitted to make a physical inspection with all parties present.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
It was proper for the Administrator to deny the owner's application
to restore the rent based on the report of its inspector which
asserted that conditions had not been corrected. The owner's
petition does not establish any basis for modifying or revoking the
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,
JOSEPH A. D'AGOSTA