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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
APPEALS OF DOCKET NO.:
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HAMPTON REALTY COMPANY,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER EH 210040-OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 20, 1991, the above named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
January 30, 1991 by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
3205 Emmons Avenue, Apartment 6-A, Brooklyn, New York, wherein
the Administrator determined the owner's application to restore
rent previously reduced under Docket No. CK 210479-S.
An inspection conducted on January 16, 1991 revealed that there
was no evidence of the conditions which had given rise to the
rent reductions, i.e., hairline cracks or the hole in the foyer
ceiling.
In the petition, the tenant acknowledges that the foyer ceiling
had been recently plastered and painted, but asser s that hair-
line cracks in the walls and ceiling and water seepage manifested
themselves shortly after the Administrator issued a rent restora
tion order on January 30, 1991.
A follow-up inspection on February 15, 1991 conducted at the
request of the Compliance Unit confirmed the appearance of
hairline cracks in walls and ceilings.
In answer to the petition, the owner points out in pertinent
part, that wall cracks or water leaks were not cited in the
underlying rent reduction order, and consequently were not
pertinent to the rent restoration proceedings.
The owner further contends that the February 15, 1991 inspection
was improper and should be disregarded for the purposes of this
administrative appeal.
The applicable law is Section 2523.4 of the Rent Stabilization
Code.
It is noted that the order herein under appeal is based on the
results of the inspection held on January 16, 1991, which dis-
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closed that the defective conditions which gave rise to the rent
reduction had been addressed. The scope of administrative review
is limited to consideration of issues and evidence before the
Administrator. The Administrator's order restoring the rent was
correct when issued. The evidence in the file indicates that
identical or related conditions re-occurred after the rent
restoration occurred. The tenant may file a new complaint if
further repairs have not been completed.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Administrator's order be, and the same hereby is,
affirmed, as provided above.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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