STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GERALD BERTUNA/JNJ HOLDING CO., DOCKET NOS.:
FD 210021-OR; (EF 210071-HW)
9330 Ft. Hamilton Parkway
PETITIONER Apt. 1-C, Brooklyn, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 21, 1991 concerning the housing
accommodation relating to the above-described docket number,
wherein the Administrator denied the owner's rent restoration
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion relevant to the issues raised
by the petition.
On April 1, 1991, the owner commenced the proceeding to restore
rent based on the restoration of services for which a rent reduc-
tion order had been issued under Docket No. EF 210071-HW. The
owner submitted a copy of a plumber's statement dated January 31,
1991, stating that "all the plumbing problems in both the kitchen
and bathroom have been totally repaired." The owner also submitted
a July 23, 1991 Compliance Bureau letter, which considered the case
closed inasmuch as "the owner has satisfactorily complied with the
directives issued in Order Nos. EF 210071-HW and EF 220465-S",
based on a June 27, 1991 physical inspection.
The Commissioner notes that the aforementioned Compliance Bureau's
letter cites as one of the findings of the June 27, 1991 physical
inspection, that the cold water pressure was slightly less than the
hot water and that there were fluctuations in temperatures of 100
degrees F, 115 degrees F and 98 degrees F. The letter also advised
that the rent would not be restored until the Division of Housing
and Community Renewal (DHCR) issued an order granting the owner's
application for restoration of the rent.
Thereafter, an on-site inspection of the subject apartment was
conducted on August 9, 1991 by a Division staff member who reported
that "the water fluctuates to very hot in the bathroom when cold
water is turned on in the kitchen and vice versa."
Based on the August 9, 1991 inspection, the Administrator denied
the owner's application.
In this petition, the owner contends in substance that the rent
restoration application was made in accordance with the Compliance
Bureau's letter and that it is "extremely irregular that the two
inspections made within a short time of each other would conflict
In answer, the tenant asserts in substance that the plumbing work
has not been completed and is ineffective.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Administrator's order was based on an August 9, 1991 on-site
inspection, which revealed that services had not been restored. In
addition, the earlier inspection in the aforementioned compliance
proceeding which found that the cold water pressure was slightly
less than the hot water and that there were fluctuations in
temperatures of 100 degrees F, 115 degrees F and 98 degrees F is
not inconsistent with the August 9, 1991 inspection.
The Commissioner notes that the owner has offered no evidence to
rebut the inspector's findings and the tenant has contended that
the owner's repairs are ineffective and incomplete.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the August
9, 1991 inspection, and correctly determined that the owner was not
entitled to restoration of rent.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to a de novo application to the Division
for a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner