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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
EA210197RO
EUNICE MATTHEW, RENT ADMINISTRATOR'S
DOCKET NO.:
DE210033OR
PREMISES: Apt.1
132 Lafayette Ave.
Brooklyn, NY
PETITIONER
----------------------------------x
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 7, 1989 concerning the
housing accommodations relating to the above-described docket
number.
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 in this petition.
The owner commenced the proceeding by filing an application dated
January 3, 1989 in order to restore rent based on the restoration
of services for which a rent reduction order was issued on August
23, 1988.
On May 23, 1989, DHCR transmitted a copy of the application to the
tenant.
Thereafter, a physical inspection of the subject apartment was
conducted on November 9, 1989 by a DHCR staff member who confirmed
that the closet tiles or linoleum was curled or twisted from the
floor.
By an order dated December 7, 1989, the Administrator denied the
owner's rent restoration application.
In the petition for administrative review, the owner contends that
EA210197RO
the closet floors were repaired in January 1989, and the tenant
vandalized the floors to reduce the rent.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction upon the tenant's application
where it is found that the owner failed to maintain required
services.
The petition offered no reason to revoke or modify the
Administrator's determination based on the November 9, 1989
inspection which confirmed the continued existence of defective
closet tiles and linoleum, warranting the denial of the owner's
rent restoration application. The Commissioner finds the claim that
the tenant vandalized the floor as unsubstantiated and unsupported
by the record.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The owner may apply for another rent restoration if the facts so
warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
