Docket Number: FF 110044-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.: FF 110044-RO
:
JONATHAN A. LEVIN/ DISTRICT RENT ADMINISTRATOR'S
KINGSWOOD MANAGEMENT CORP., : DOCKET NOS.: EH 110063-OR
DG 110006-OR
: CB 210022-S
SUBJECT PREMISES:
PETITIONER : 78-37 Main St., Apt. No. 2F,
------------------------------------X Flushing, NY 11369
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 6, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on May 15, 1991, by the
Rent Administrator of the Gertz Plaza, Jamaica, District Rent Office
concerning the housing accommodations in the above-described docket
number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether conditions upon which an order was
issued reducing the rent have been corrected, warranting restoration
of the legal regulated rent.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was originally commenced on August 10, 1990 when the
owner filed an application to restore rent based on the restoration
of services.
Thereafter on January 22, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
continued existence of defective conditions.
Although the owner was informed of the inspection report on February
1, 1991, the owner failed to correct said conditions.
The Administrator denied on May 15, 1991 the owner's application.
In this petition, the owner contends in substance that the tenant
refused access and that only on May 22, 1991, "necessary repairs
were completed..."
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's contention that tenant refused access was not raised in
Docket Number: FF 110044-RO
the proceeding below and before the order's issuance and was only
brought forth for the first time on appeal as a self-serving and
unproven assertion. In addition, the basis for the owner's
application was the actual restoration of services, not the denial
of access by the tenant.
The owner also admits that repairs were completed after the order's
issuance. Then, the Administrator's order based on the inspection
finding continued existence of defective conditions was correct when
issued.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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