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.:ED520118RO
Zizi Realty Company c/o RENT ADMINISTRATOR'S
Pine Management Inc., DOCKET NO.:DC520752S
618 West 164th Street
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on March 12, 1990 concerning the housing
accommodations 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 tenant commenced this proceeding on March 29, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment including, but not limited to, a
leak in the bathroom and the hall that runs to it.
In answer, the owner denied the allegations and otherwise asserted
that the tenant never informed the owner of these conditions.
On February 27, 1990, a physical inspection of the subject apartment
was conducted by a DHCR staff member who reported that the bathroom
ceiling showed peeling paint and plaster around the riser.
By an order dated March 12, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that there was no
complaint of peeling paint and plaster in the bath ceiling.
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 record establishes that the tenant complained about a leak in
the bathroom and the hall that runs to it. The inspector's finding
on February 27, 1990 that the bathroom ceiling showed peeling paint
and plaster around the riser is within the ambit of the tenant's
original complaint. Accordingly, the Commissioner finds the owner's
allegation in the petition to be without merit.
The owner's rent restoration application (ED520174OR) was granted on
January 9, 1991.
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, 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.
JOSEPH A. D'AGOSTA