FB610256RT
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.: FB610256RT
SIMON JONES RENT
ADMINISTRATOR'S DOCKET
NO.: DF630179OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 19, 1991 the above named petitioner-tenant timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued November 21, 1990. The order
concerned housing accommodations known as Apt 9C located at 28
Metropolitan Oval, Bronx, N.Y. The Administrator granted the
owner's application for rent restoration.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on May 26, 1989 by filing
a rent restoration application wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. BH610081B had been issued.
The tenants were served with a copy of the application and
afforded an opportunity to respond. The record does not contain a
response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on May 21, 1990 and
revealed no evidence of peeling paint on stairwell walls of the A
and B sections and no evidence of peeling paint on the A section
steps.
The Administrator issued the order here under review on
November 21, 1990 and granted the owner's application.
On appeal the tenant states that the stairwells were not
painted and were, in fact, badly corroded. The tenant submitted a
copy of an answer to the application dated August 25, 1989, stating
FB610256RT
that the owner has not painted the halls, fixed the light bulbs in
the stairwells, has not painted the walls, or fixed the corroded
stairwells. The petition was served on the owner on March 7, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the Administrator's order was
based on a physical inspection which revealed that the conditions
cited in the rent reduction order had been repaired. While the
tenant disputes the Administrator's findings, the record clearly
supports the determination that the peeling paint conditions on the
stairway walls and steps, which were the only conditions requiring
repair, had been corrected. Neither the answer to the application
nor the petition establish any basis for modifying or revoking the
order. If there are additional or new items which must be
repaired, the tenant is advised to file a new complaint. The order
here under review is affirmed.
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
Deputy Commissioner
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