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.:
EB410176RO
Heron Properties Ltd./
Finkelstein Borah Ltd. et al., RENT ADMINISTRATOR'S
DOCKET NO.:
DK410409S
PETITIONER PREMISES: Apt.20C
737 Park Ave.
New York, NY
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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 11, 1990 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 tenant commenced the proceeding on November 17, 1989 by filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment.
On December 4, 1989, DHCR transmitted a copy of the complaint to
the owner. The record below does not disclose that an answer was
filed.
Thereafter, a physical inspection of the subject apartment was
conducted on December 19, 1989 by a DHCR staff member who confirmed
that the walls and ceilings were water-damaged, mildewed and
peeling paint and plaster throughout the apartment including the
closet.
By an order dated January 11, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In the petition for administrative review, the owner contends in
substance that the repairs were corrected, and submits a copy of an
EB410176RO
invoice dated November 1, 1989.
In answer, the tenant stated that repairs were performed in
February 1990, i.e. subsequent to the issuance of the order; water
damage reappeared within twenty days of the repairs; she still
could not use the closet and paint the den because the repairs were
done in an unworkmanlike manner.
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 December 19, 1989
inspection which confirmed the existence of defective conditions.
despite the alleged repairs. The copy of the November 1, 1989
invoice is submitted for the first time on appeal and was 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 owner's rent restoration application (EG410110OR) was granted
on February 5, 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,
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
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