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.:
EB510107RO
540-189 Associates, RENT ADMINISTRATOR'S
DOCKET NO.:
DF510159OR
PREMISES: Apt.1A
540 West 189th St.
New York, 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 January 12, 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 owner commenced the proceeding on June 26, 1989 by filing an
application to restore rent based on the restoration of services.
On August 8, 1989, DHCR mailed a copy of the application to the
tenant.
Thereafter, a physical inspection of the apartment was conducted on
December 21, 1989 by a DHCR staff member who confirmed that the
refrigerator gasket was torn and needed replacement.
By an order dated January 12, 1990, the Administrator denied the
owner's application.
In the petition for administrative review, the owner contends that
a new refrigerator gasket was installed.
DHCR sent a copy of the petition to the tenant.
EB510107RO
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
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.:
EB510108RO
609-173 Associates, RENT ADMINISTRATOR'S
DOCKET NO.:
DF510175OR
PREMISES: Apt.1A
609 West 173rd. St.
New York, 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 January 18, 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 owner commenced the proceeding below by filing an application
to restore rent based on the tenant's refusal of access to have
services restored, for which a rent reduction was ordered on March
8, 1989.
In answer, the tenant denied that she refused access to have all
repairs completed.
DHCR informed the owner and the tenant of a scheduled inspection
for access "on December 20, 1989 at 9:00-9:30 AM so as to provide
access to the owner for the purposes of attending to repairs and/or
restoration of services at this time."
At the scheduled inspection for access, the owner failed to show up
while the tenant allowed access to the DHCR staff member who
confirmed the continued existence of defective conditions.
By an order dated January 18, 1990, the Administrator denied the
owner's application.
EB510108RO
In the petition for administrative review, the owner contends in
substance that the services were restored.
In answer, the tenant denied in substance the allegations in the
petition.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's petition does not establish any basis for revoking the
Administrator's determination based on the December 20, 1989 on-
site inspection which confirmed the continued existence of
defective conditions, warranting the denial of the rent restoration
application.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
THEREFORE, in accordance with the Rent and Eviction Regulations,
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
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.:
EB510107RO
540-189 Associates, RENT ADMINISTRATOR'S
DOCKET NO.:
DF510159OR
PREMISES: Apt.1A
540 West 189th St.
New York, 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 January 12, 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 owner commenced the proceeding on June 26, 1989 by filing an
application to restore rent based on the restoration of services.
On August 8, 1989, DHCR mailed a copy of the application to the
tenant.
Thereafter, a physical inspection of the apartment was conducted on
December 21, 1989 by a DHCR staff member who confirmed that the
refrigerator gasket was torn and needed replacement.
By an order dated January 12, 1990, the Administrator denied the
owner's application.
In the petition for administrative review, the owner contends that
a new refrigerator gasket was installed.
DHCR sent a copy of the petition to the tenant.
EB510107RO
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
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.:
EB510108RO
609-173 Associates, RENT ADMINISTRATOR'S
DOCKET NO.:
DF510175OR
PREMISES: Apt.1A
609 West 173rd. St.
New York, 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 January 18, 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 owner commenced the proceeding below by filing an application
to restore rent based on the tenant's refusal of access to have
services restored, for which a rent reduction was ordered on March
8, 1989.
In answer, the tenant denied that she refused access to have all
repairs completed.
DHCR informed the owner and the tenant of a scheduled inspection
for access "on December 20, 1989 at 9:00-9:30 AM so as to provide
access to the owner for the purposes of attending to repairs and/or
restoration of services at this time."
At the scheduled inspection for access, the owner failed to show up
while the tenant allowed access to the DHCR staff member who
confirmed the continued existence of defective conditions.
By an order dated January 18, 1990, the Administrator denied the
owner's application.
EB510108RO
In the petition for administrative review, the owner contends in
substance that the services were restored.
In answer, the tenant denied in substance the allegations in the
petition.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's petition does not establish any basis for revoking the
Administrator's determination based on the December 20, 1989 on-
site inspection which confirmed the continued existence of
defective conditions, warranting the denial of the rent restoration
application.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
THEREFORE, in accordance with the Rent and Eviction Regulations,
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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