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.:EC210034RO
Samuel Heyman, RENT ADMINISTRATOR'S
PETITIONER PREMISES: Apt.1R
832 Classon Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely petition for
administrative review (PAR) against an order of the Rent
Administrator issued on January 30, 1990 concerning the housing
accomodations 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 the petition.
The owner commenced this proceeding on June 12, 1989 by filing
an application to restore rent based on the restoration of
In answer, the tenant denied the owner's allegation that
services were restored.
Thereafter, a physical inspection of the subject apartment was
conducted on January 5, 1990 by a DHCR staff member who reported
that living room windows had defective screens and the kitchen left
window had a broken pane and top sash.
By an order dated January 30, 1990, the Administrator denied
the owner's application.
In the petition for administrative review, the owner contends
in substance that the tenant was the cause of the defective
screens, the broken pane and the top sash in that when the tenant
or her family forgot the keys to the apartment, they tried to gain
access by breaking some window screens, the window pane and the top
In answer, the tenant asserted in substance that defective
conditions continue to exist in the subject apartment.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's petition does not establish any basis to revoke or
modify the Administrator's determination based on a January 5, 1990
physical inspection which confirmed the continued existence of
defective conditions, warranting the denial of the owner's
application. The claim that the tenant caused the defective
conditions is unsubstantiated and not supported by the record.
The owner may file another rent restoration application if the
facts so warrant.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA