ADM. REVIEW DOCKET NO.: FD 210338 RO
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.: FD 210338 RO
: DRO DOCKET NO.:
JOHN R. BLAIR EE 210202 OR
PETITIONER : TENANT: BRENDA MINES
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 29, 1991 the above named petitioner owner refiled a
Petition for Administrative Review against an order of the Rent
Administrator concerning housing accommodations known as Apartment
No. 2A located at 1964 Nostrand Avenue, Brooklyn, N.Y. wherein the
Administrator denied petitioner's rent restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
Petitioner commenced this proceeding by filing an application
to restore rent on May 23, 1990. Petitioner alleged, in substance
that the conditions which resulted in an order (Docket # ZAL
110031-S) being issued reducing the rent for the subject apartment
had been corrected and/or restored. The tenant filed a response
wherein she stated that the kitchen floor was fixed but the
intercom was still not working and that the apartment was still
roach infested. The tenant also stated that pest control had not
been to her apartment but that she may have not been home when
they called at her apartment. The Administrator ordered a
physical inspection of the premises, which took place on December
13, 1990. That inspection revealed the following:
1. Evidence of bathroom ceiling peeling paint and plaster.
2. Evidence of roaches throughout apartment.
3. Evidence of intercom/buzzer system not working at both
ends.
However, the following services were found to be maintained.
1. No evidence of defective bathroom floor tiles.
2. No evidence of leaking hot water bathtub faucet.
3. No evidence of missing refrigerator freezer door.
4. No evidence of missing section of kitchen floor.
The Administrator's order, denying the application, duly
followed.
ADM. REVIEW DOCKET NO.: FD 210338 RO
On appeal the owner states "This order must be reversed based
on previous documents filed." Petitioner also requested a
hearing. The tenant did not file a response.
After careful consideration of the evidence in the record the
Commissioner is of the opinion that the petition should be denied.
The inspector's report found that three of the violations,
cited by Administrator in the rent reduction order, were not
corrected. The Commissioner deems the inspector's findings and
conclusions dispositive especially in light of the fact that
petitioner has presented no proof to rebut them. The
Administrator's order is affirmed. Petitioner may reapply for
rent restoration when all services deficiencies have been
corrected.
THEREFORE, pursuant to 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 the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|