DHCR Decisions
FA 110009 RT
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 NO.: FA 110009 RT
FAY BASS DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: ED 110178 OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 31, 1990 the above named petitioner-tenant
filed a Petition for Administrative Review against an order of the
Rent Administrator issued December 18, 1990. The order concerned
housing accommodations known as Apt 3L located at 175-20 Wexford
Terrace, Jamaica, N.Y. The Administrator ordered the legal
regulated rent restored.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding by filing a rent
restoration application on April 30, 1990. In that application the
owner stated that services for which a rent reduction order was
issued on March 23, 1990 (Docket No. ZCK 110358 S) had been
restored. The rent reduction order had found paint flakes missing
from the lower living room closet.
The tenant was served with a copy of the complaint and
afforded an opportunity to respond. She filed a response on May
29, 1990 urging that the owner's application be denied. She stated
that there have been violations on record since August 10, 1988 by
the N.Y.C. Dept. of Housing, Preservation and Development (HPD) for
defective conditions in her apartment and on May 11, 1990 an HPD
inspector found that no repairs had been done.
On June 4, 1990 the tenant submitted a copy of a letter from
HPD to an elected official stating that as a result of an
inspection of the subject apartment on May 11, 1990, three
violations were reported.
The Administrator ordered a physical inspection of the
apartment which was conducted on December 7, 1990. The inspector
FA 110009 RT
found no evidence of flaking paint on the lower left side of the
living room closet. The Administrator ordered the rent restored
effective June 1, 1990.
On appeal the tenant continues to maintain that services have
not been restored and that HPD inspectors have found that there are
leaks in her apartment, including the closet in question.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The rent restoration order appealed herein was based on the
results of a physical inspection which found that the condition
which was the subject of the rent reduction order had been
corrected. The tenant has not submitted any evidence to establish
that the order should be revoked. Copies of the HPD violations and
the May 11, 1990 HPD inspection referred to be the tenant were not
submitted, making it impossible to determine if the same conditions
were involved. In the absence of any contradictory evidence, the
Administrator properly relied on the December 7, 1990 report of the
DHCR inspector which corroborated the owner's assertion that all
necessary repairs had been completed. Accordingly, the
Administrator's order is affirmed.
This order is issued without prejudice to the tenant's right
to file a new complaint if there are recurrent leaks or other
conditions that the owner has failed to repair.
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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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