Doc. #FD210386RT
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
APPEAL OF DOCKET NOs.: FD210386RT
FH410478RT
:
Salvatore La Corte RENT ADMINISTRATOR'S
Ralph A. Manegue DOCKET NO.: EE230045OR
PETITIONERS :
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On April 23, 1991 and August 23, 1991, the above-name petitioner-
tenants timely refiled petitions for administrative review of an order
issued on February 14, 1991, by the Rent Administrator, concerning the
housing accommodations known as apartments 44 and 62 at 131 Joraleman
Street, Brooklyn, NY wherein the Administrator determined that the
owner had restored all services for which a rent reduction order had
been issued and ordered restoration of the rent.
These petitions are being consolidated because they involve common
issues of law and fact.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
The record reveals that the owner filed a second rent restoration
application on May 7, 1990 in which it was stated that all conditions
for which a rent reduction order had been issued (Docket No. CJ230061B)
had been corrected. The rents had been reduced for peeling paint and
plaster in the public hallway and bulkhead of the subject premises.
The two petitioners filed answers to the application and asserted that
services unrelated to the subject of the rent restoration proceeding
are not being maintained.
A physical inspection of the subject premises by DHCR on October 30,
1990 revealed that the peeling paint and plaster conditions on the
sixth floor ceiling and bulkhead areas had been repaired in an
unworkmanlike manner.
The owner was advised of the results of the inspection on November 15,
1990 and afforded an opportunity to establish the completion of
repairs.
The owner responded by letter dated December 12, 1990 that the areas
had been redone and enclosed a copy of a paid bill from a painting
contractor.
Based on the owner's submission the Administrator issued an order
restoring the rent.
Doc. #FD210386RT
In the petitions for administrative review, both petitioners assert
that the front door, elevator, and boiler are not being properly
maintained.
In answer to the petitions, the owner states that the conditions
mentioned in the petitions were previously investigated by DHCR and
dismissed.
After a careful consideration of the evidence of record the
Commissioner is of the opinion that the administrative appeals should
be denied.
The only issue in the instant proceedings concerns the restoration of
those services for which the rent had been reduced. The rent had been
reduced only for the peeling paint and plaster conditions in public
areas and these conditions were found to have been repaired. The
tenants' petitions raise matters that were the subject of the initial
complaint and were found to have been corrected. The tenants did not
appeal that order but my file a new complaint if the owner is not
maintaining required or essential services.
THEREFORE, in accordance with the Rent Stabilization Law and Code, and
Rent and Eviction Regulations for New York City, it is,
ORDERED, that these petitions be and the same hereby are denied and the
Rent Administrator's order be and the same hereby is affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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