Adm. Rev. Docket Number: FE 410208-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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF : DOCKET NO.: FE 410208 RO
:
1695 FIRST AVE. ASSOC. LP/ : DISTRICT RENT ADMINISTRATOR'S
PEDRO A. RIVERA, : DOCKET NO.: EK 4101210-OR/
: AE 430095-B
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 29, 1991, the above-named owner filed a petition for
administrative review of an order issued on April 23, 1991
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
The issue herein is whether conditions upon which an order was
issued reducing 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
issues raised by the petition.
On August 9, 1990, the owner commenced this proceeding by filing an
application to restore rent based on the restoration of services.
In its answer filed on January 7, 1991, the tenant denied the
allegations set forth in the owner's application or otherwise
asserted that services had not been restored.
Thereafter on January 22, 1991, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed the
existence of defective conditions, to wit:
"Basement needs cleaning, evidence of debris and wood card
board boxes are there which need to be removed."
On February 6, 1991, the owner was informed of the inspection report
and afforded an opportunity to cure said conditions. The owner
failed to respond to this notice.
On April 23, 1991, the Administrator denied the owner's request for
rent restoration, terminated this proceeding and continued the rent
reduction in effect.
In this petition, the owner alleges in substance that it never
Adm. Rev. Docket Number: FE 410208-RO
received from DHCR the February 6, 1991 notice to cure the defective
conditions; and that "the basement is kept clean and maintained."
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record clearly shows that on February 6, 1991, the owner was
informed of the inspection report and afforded an opportunity to
cure said conditions. The notice was mailed in a timely manner to
the owner's correct address. The owner failed to respond to this
notice for about three months until the Administrator issued the
order.
In addition, the owner's petition does not make clear whether it is
the owner's contention that repairs had been made before the
apartment was inspected or before the order was issued, or whether
the contention is that repairs were made following the issuance of
the Rent Administrator's order. If it is the former, then the
owner's allegation is belied by the report of the agency inspector
on January 22, 1991. If it is the latter, then the Rent
Administrator's order denying the rent restoration was nevertheless
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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