Docket Number: FB-110117-RO
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. FB 110117-RO
HEN YAM LEE CORP., DISTRICT RENT ADMIN.
DOCKET NO. EE 110026-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 8, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on January 8, 1991
concerning t e housing accommodations relating to the above-
described docket number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
On April 12, 1990, the owner commenced this proceeding by filing an
application to restore rent on the basis of restoration of services.
Thereafter on December 13, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed the
existence of defective conditions.
On January 8, 1991, the Administrator issued an order based on the
report of the inspection, finding that there are water stains and
exposed plumbing in the bathroom ceiling area; that the living room
walls have been repaired in an unworkmanlike manner; and that the
apartment "does not self-close," indicating a "gap between the door
and door frame at the lower portion of the door."
In this petition, the owner alleged that repairs had been completed
as shown by the tenant's signature dated April 5, 1990 on the
"Tenant's Statement of Consent" in the owner's application for rent
The Commissioner is of the opinion that this petition should be
Firstly, the Commissioner notes that the tenant's signature on the
"Tenant's Statement of Consent" as found in the owner's application
is not indicative of completed work but merely of the tenant's
consent to have repairs commenced.
Consequently, the owner's petition does not make clear whether it is
the owner's contention that services were restored before the
apartment was inspected or the order was issued, or whether the
contention is that services were restored following the issuance of
the Rent Administrator's order. If it is the former, then the
Docket Number: FB-110117-RO
owner's allegation is belied by the report of the agency inspector.
If it is the latter, then the Rent Administrator's order denying the
owner's application was nevertheless correct when issued, and this
order is issued without prejudice to the owner filing another
application for 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 the District Rent Administrator's order be, and the same
hereby is, affirmed.