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
On August 23, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on July
26, 1989, by the Rent Administrator, concerning the housing
accommodation known as 93-45 222nd Street, Queens Village, N.Y.,
Apt. 3K, wherein the Administrator denied the owner's application
for rent restoration, based upon an inspection of the premises, on
May 25, 1989, which disclosed that although the apartment door-bell
was working properly, bell-wires were still exposed and there was
evidence of vermin infestation in the kitchen area.
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.
The issue herein is whether the Rent Administrator properly denied
the owner's application for rent restoration based upon a finding
that service was not fully restored.
On December 27, 1988, the owner filed an application for rent
restoration alleging that all repairs and services which were the
subject of the rent reduction order of November 17, 1988, under
Docket No. BL120744S were restored.
The tenant filed an answer to the application alleging that despite
the owner's allegations to the contrary, he has not fully restored
On appeal, the petitioner-owner asserted, in pertinent part, that
the door-bell was repaired by a licensed electrician in a
workmanlike manner; that professional exterminating services are
available to the tenants upon request; and that the subject tenant
never signed the form requesting exterminating services.
The petition was served on the tenant on December 14, 1989 and on
December 30, 1989, the tenant filed an answer to the petition
refuting the owner's claims and stating, in substance, that the
inspection held on May 25, 1989 substantiated her claim that the
owner failed to fully restore services.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The subject application for rent restoration was filed by the
owner, alleging that all repairs and services which were the
subject of the rent reduction order of November 17, 1988, had been
The tenant consistently alleged both below and on appeal that the
owner failed to fully restore services.
The DHCR inspection held on May 25, 1989, confirmed that bell-wires
were still exposed and that there was evidence of vermin
infestation in the kitchen.
Accordingly, the record does not support the owner's assertion that
full restoration of the rent was warranted.
The Commissioner has considered and rejects the owner's argument
that the tenant failed to properly request extermination services.
A review of the file indicates that the owner had sufficient notice
that the subject tenant was in need of extermination services.
The owner's PAR contains a statement that a professional
exterminator reported three times this year that a vermin problem
was not evident in the subject apartment. This is convincing
evidence that the exterminator gained access to the subject
apartment but did not render service adequate to alleviate the
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site inspection conducted on May 25, 1989, and that the
Rent Administrator properly denied the owner's application to
restore the rent upon determining that the owner had failed to
fully restore services.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
Upon a restoration of services the owner may separately re-apply
for rent restoration.
LULA M. ANDERSON