ADM. REVIEW DOCKET NO.: FI410476RT
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.:
FI410476RT
: (Refile of FG410104RT)
RENT ADMINISTRATOR'S
DOCKET NO.:
EH410182OR
ALFONSO ASTACIO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 16, 1991, the above-named petitioner-tenant
refiled and perfected a petition for administrative review of an
order issued on June 4, 1991, by the Rent Administrator, concerning
the housing accommodation known as 205 West 109th Street, Apartment
5R, New York, New York, wherein the Administrator determined the
owner's application to restore rent previously reduced per Docket
No. AK410701S, based on findings of peeling paint and plaster in
several rooms, a hole in the bathroom ceiling, and a defective
refrigerator.
The Administrator denied the owner's previous rent restoration
application per Docket No.BG410097OR by an order dated January 28,
1988, based on a finding that the owner had failed to correct a
peeling paint condition in the second bedroom, although the other
conditions had been rectified.
ADM. REVIEW DOCKET NO.: FI410476RT
The challenged order granted the owner's subsequent
application filed on August 13, 1990, and restored the rent
effective November 1, 1990, based on the results of an inspection
conducted on February 25, 1991 that found no evidence of peeling
paint and plaster in the second bedroom at the time of inspection.
On appeal, the tenant asserts that the conditions were not
corrected, that painting and plastering was done improperly and
that, as a consequence, the paint and plaster were falling down.
The petitioner's wife had stated below that the repairs had not
been to her satisfaction and that she did not recall signing a
statement, dated March 16, 1990, submitted by the owner that all
repairs had been completed.
The agency's inspection on February 25, 1991 found no evidence
of defective paint or plaster in the second bedroom, and
contradicted the tenant's response some four months before
suggesting that repairs were not adequate.
Moreover, the tenant failed to seek administrative review of
the prior order per Docket No. BG 410097OR wherein the
Administrator found that several other conditions had been
corrected, but denied rent restoration based on the finding of
peeling paint in the second bedroom. In the absence of an
administrative appeal thereof, those findings became final, and
allegations to the effect that those repairs were inadequate cannot
be considered herein.
The tenant's bare allegations in the instant appeal are
insufficient to warrant modification or reversal of the
Administrator's rent restoration order. However, this order is
issued without prejudice to the tenant's right to apply for a rent
reduction based upon current service decreases, if any, as the
facts may warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and that the Administrator's order be affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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