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.:
Kaled Management Corp., RENT ADMINISTRATOR'S
PETITIONER PREMISES: Apt.103
42-52 Union 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 January 24, 1990 concerning the
housing accommodations relating to the above-described docket
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 tenant commenced the proceeding on October 26, 1988 by filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that the conditions were
inspected and would be repaired on November 28, 1988.
Thereafter, a physical inspection of the subject apartment was
conducted on January 10,1990 by a DHCR staff member who confirmed
that there were slight stains by the living room on the ceiling;
and that the bathroom ceiling over the tub had leak damage, falling
plaster and paint, and a hole in the ceiling.
By an order dated January 24, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In the petition for administrative review, the owner contends in
substance that the repairs were corrected, and submits a copy of an
invoice dated December 7, 1988 and a copy of the check used in
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.
The petition does not establish any basis to revoke or modify the
Administrator's determination based on the January 10, 1990
inspection which confirmed the existence of defective conditions,
despite the alleged repairs. The copies of the invoice and the
check used in payment are submitted for the first time on appeal
and were not established in the proceeding before the issuance of
the Adminstrator's order.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The status of the owner's rent restoration applications is as
follows: EC110047OR denied on October 15, 1990 and EK110148OR
granted on May 22, 1991.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA