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.:DF510127RO
David Eisenstein, RENT ADMINISTRATOR'S
385 Fort Washington Ave.
New York, NY
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 31, 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 the petition.
The owner commenced this proceeding by filing an application to
restore rent based on the restoration of services.
In answer, the tenant denied the owner's allegations in the
Thereafter on April 25, 1989, a physical inspection was conducted by
a DHCR staff member who confirmed the continued existence of a
defective intercom in the subject apartment.
By an order dated May 31, 1989, the Administrator denied the owner's
In this petition, the owner contends in substance that work was done
on October 26, 1988.
In answer, the tenant requested a re-inspection to prove the
continued existence of defective conditions.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the April 25, 1989
physical inspection which confirmed the continued existence of a
defective intercom in the subject apartment, warranting a denial of
the owner's rent restoration application.
This Order and Opinion is issued without prejudice to the owner's
right to file another rent restoration application if the facts so
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
Lula M. Anderson