DH210461RT
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.: DH210461RT
RUTH GEER
RENT ADMINISTRATOR'S
DOCKET NO.: DB210096OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 21, 1989, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
August 8, 1989, by the Rent Administrator, concerning the housing
accommodation known as 2727 Ocean Parkway, Apt.# D-18, Brooklyn,
New York, wherein the Administrator determined that the owner's
application for a restoration of rent should be granted.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
restored the rent of the subject apartment.
On February 24, 1989, the owner filed an application for
restoration of rent alleging that the services for which a rent
reduction order had been issued by the Rent Administrator on March
15, 1988, under Docket No. BE210198S, have been restored. A prior
rent restoration application was denied (Docket No. CC210191OR)
based on a finding that the window moldings required grouting and
painting.
A DHCR inspection conducted on July 19, 1989, revealed that repairs
to the window moldings throughout the apartment have been
completed.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the Rent Administrator erred by issuing the appealed order because
the Rent Administrator failed to consider the owner's failure to
restore terrace service, which was the subject of the Rent
Administrator's rent reduction order, under Docket No. BE210198S.
The petition was served on the owner on January 8, 1990.
After careful consideration of the entire evidence of record, the
DH210461RT
Commissioner is of the opinion that the administrative appeal
should be denied.
The owner, on proof restoration of those services which were the
subject of the Rent Administrator's reduction order is, by law,
entitled to an order of rent restoration.
The record reveals that a rent reduction order was issued on March
15, 1988 (Docket No. BE210198S) listing three items requiring
repair:
1. Bedroom window has a cracked pane and a water
damaged sash.
2. Eight newly installed windows require grouting and
painting services.
3. Outside terrace requires mortar, cement and
grunting services.
The owner's first rent restoration application (Docket No.
CC210191OR) was denied when an inspection revealed that repairs to
the window moldings had not been completed. All other conditions
were found to have been corrected. The tenant did not file a
petition for administrative review of the order which became a
final determination as to the issues resolved therein, leaving only
the question of repairs to the window molding had been completed
and the owner's rent restoration application was properly granted.
The issue of the condition with the terrace was determined in the
prior proceeding and was no longer and active issue.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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