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.:
: RENT ADMINISTRATOR'S
130 West 228th St.
CHAMP 228 CO. Apartment: #2C
Bronx, New York
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
and MODIFYING RENT ADMINISTRATOR'S ORDER
The above-named owner filed a timely Petition for
Administrative Review of an order issued on August 28, 1991,
concerning the housing accommodations relating to the above-
described docket number.
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.
The owner commenced this proceeding on January 29, 1991 by
filing an application to restore rent based on the restoration of
services for which a rent reduction order was issued on July 3,
1989. The owner submitted copies of a paid bill and a canceled
check indicating that the kitchen, the bathroom, the living room,
the ceiling and foyer entry had been completely painted; and that
the tiles and the bathroom floors had been refinished and grouted.
The owner also submitted a copy of a letter from the Compliance
Bureau stating that the tenant had advised that the owner had
complied with the directive to restore services.
In an answer filed on March 6, 1991, the tenant stated that
the owner painted the ceiling in the living room "but evidently did
not get to the source of the problem as the ceiling is stained and
Thereafter, a physical inspection of the subject apartment was
conducted on June 5, 1991 by a DHCR staff member who reported inter
alia that the bathroom ceiling was refinished and painted while the
living room ceiling is water-stained and peeling paint and plaster.
PAR Docket No.: FJ620027RO
On June 26, 1991, DHCR mailed to the owner a letter concerning
the results of the inspection and requesting additional evidence.
The Administrator's file does not contain an owner's response to
The Administrator granted in part the owner's application by
restoring the maximum rent in the amount of $5.00 per month based
on the June 5, 1991 inspection and the owner's failure to respond
to the June 26, 1991 request for additional evidence.
In this petition, the owner contends that on August 21, 1991,
the living room ceiling has been repaired; and that the Division
received from the owner prior to the issuance of the
Administrator's order copies of the contractor's invoice for the
work done as well as the tenant's letter confirming that no more
violations exist. The owner submitted a copy of an invoice dated
August 20, 1991 indicating repairs on the bathroom floors and tiles
and the living room paid on August 23, 1991. The owner also
submitted a copy of a tenant's signed certification dated August
20, 1991 that the contractor "has repaired my bathroom floor and my
living room wall to my full satisfaction, and no more violations
The tenant did not respond to the petition.
After careful consideration, the Commissioner is of the
opinion that the petition should be granted.
The owner's petition has sufficiently proved that the Division
received the owner's answer prior to issuance of the
Administrator's order. The copy of the owner's answer appears to
be stamped received by the Division or filed on
August 21, 1991. For unknown reasons, this evidence of repairs and
certification by the tenant are not in the Administrator's file.
Accordingly, the owner has restored all services after the June 5,
1991 inspection and before the issuance of the Administrator's
THEREFORE, in accordance with the Rent and Eviction Regulations it
ORDERED, that this petition be, and the same hereby is granted, and
that the Administrator's order be, and the same hereby is modified
to grant the owner's application in full and the maximum legal rent
is hereby restored in the amount of of $10.00 per month effective
September 1, 1991, plus all lawful increases granted subsequent to
the order reducing rent.
Joseph A. D'Agosta