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.: EA120021R0
Skaros Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.: DF120131OR
PETITIONER PREMISES: Apt. 3B
37-06 72nd. St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 5, 1992 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 this administrative appeal.
This proceeding was commenced on June 26, 1989 by the owner filing
an application to restore rent based on the restoration of services.
In answer, the tenant asserted that the bathroom was being repaired.
On November 24, 1989, a physical inspection of the apartment was
conducted by a DHCR staff member who confirmed the continued
existence of defective conditions.
By an order dated December 5, 1989, the Administrator determined
from the inspection results that the wall tiles were missing on the
corner above the bathtub and the area improperly cemented; the
bathroom floor tiles were slightly uneven and tiles were missing
behind the riser. The Administrator denied the owner's application.
In the petition for administrative review, the owner contends that
the missing tiles on the corner above the bathtub and the floor
tiles behind the riser were replaced.
In answer, the tenant denied that repairs were completed and
otherwise asserted that the job was performed in an unworkmanlike
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
In the instant case, the petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner had not restored the services in question, based on
a November 24, 1989 on-site inspection confirming the continued
existence of defective conditions. Accordingly, the determination
denying the rent restoration application was proper in all respects
and is hereby sustained.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby, is affirmed.
JOSEPH A. D'AGOSTA