DG420116RT
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.: DG420116RT
MARY ANILYAN RENT
ADMINISTRATOR'S DOCKET
NO.: DA420122OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 17, 1989 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on June 16, 1989. The order concerned housing
accommodations known as Apt 4A located at 212 East 26th Street, New
York, N.Y. The Administrator granted in part the owner's rent
restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on January 24, 1989 by
filing an application for rent restoration and alleged, in sum,
that it had restored all services for which a rent reduction order
(Docket No. BE420089S) had been issued. The Commissioner notes
that the Administrator reduced the rent by $21.00 per month based
on the following findings: substitute refrigerator is smaller than
original; kitchen sink leaks; dripping bathroom faucet; bathroom
replacement floor tiles do not match original tiles; toilet seat
worn; hole in bathroom ceiling near light fixture; missing bathroom
towel rack; defective bathroom door knob and bathroom wall peeling
paint and plaster.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
February 17, 1989.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on May 30, 1989 and
revealed that the kitchen sink no longer leaked; that the bathroom
door knob was replaced; and that there was no evidence of peeling
paint and plaster in the bathroom.
DG420116RT
The Administrator issued the order being appealed on June 16,
1989 and granted the owner's application in part. Rent restoration
of $8.00 per month was ordered with the owner given leave to refile
for the remaining $13.00 when the other services cited in the rent
reduction order were restored.
On appeal the tenant states, in relevant part, that the
kitchen sink was not repaired by the owner and that the bathroom
door knob and paint job were not done in a workmanlike manner.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the Administrator properly
determined the matter of the owner's rent restoration application
on the basis of a physical inspection which revealed that certain
of the conditions cited in the rent reduction order had been
adequately addressed. The order being appealed was correctly issued
and is affirmed. The owner may refile for the remaining $13.00 of
rent restoration when services have been fully restored.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City, 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, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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