EC230069RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EC230069RO
(Refile of DL230278RO)
ISRAEL KAHANA
RENT ADMINISTRATOR'S
DOCKET NO.: CG220155OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed and perfected a timely petition
for administrative review of an order issued on December 15, 1989,
concerning the housing accommodations known as 45-14 10th Avenue,
Brooklyn, New York, wherein the Rent Administrator denied, in part
the owner's application to restore rent previously reduced per
Docket No. BH235029B.
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 by filing a rent
restoration application asserting that all services were being
provided or otherwise asserted that all required repairs had been
completed.
An inspection of the subject premises conducted by a D.H.C.R
inspector on November 27, 1989, subsequent to the owner's response,
found that there was no sign indicating superintendent contact
information, and public areas in need of sweeping. This report
contradicted the owner's correspondence that the information was
posted and that the public areas were kept clean. The inspector
confirmed that mailbox and intercom services had been restored.
EC230069RO
The Rent Administrator granted a partial rent restoration of
$8.00 per month to rent controlled tenants, predicated on the
restoration of intercom and mailbox services, but otherwise denied
the application for both rent controlled and rent stabilized
tenants.
In the petition, the owner reiterates that superintendent
contact information is posted and that the superintendent is in
charge of maintaining the public areas clean.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The Commissioner finds that the Administrator properly relied
on the observations of the D.H.C.R inspector,who was not a party to
the proceedings. His impartial observations of the conditions
observed were properly placed in the record for the Administrator's
consideration and were entitled to, and afforded, great weight.
DHCR records also reveal that the Administrator issued an
order on January 31, 1991 per Docket No.EB230131OR restoring rents.
THEREFORE, in accordance with the Rent and Eviction Law and
Regulations for New York City, and the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and same hereby is,
affirmed.
ISSUED:
____________________________
JOSEPH A. D'AGOSTA
Deputy Commissioner
EC230069RO
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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