GG110131ROC
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.:
GG110131RO
YU HWA SUN, RENT ADMINISTRATOR'S
DOCKET NO.:
FJ110192OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 28, 1992, the above-named petitioner-owner filed a petition
for administrative review of an order issued on June 25, 1992, by
the Rent Administrator, concerning the housing accommodation known
as 41-19 Gleane Street, Elmhurst, NY, Apartment D-2, wherein the
Administrator denied the owner's application for rent restoration,
based upon an inspection of the premise on May 7, 1992, which
disclosed that not all repairs had been made. Specifically, the
inspection revealed evidence of roaches and mice and that the left
window top sash in the bedroom was painted shut.
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 administrative appeal.
The issue herein is whether the Rent Administrator properly denied
the owner's application for rent restoration based upon a finding
that services were not fully restored.
On appeal, the petitioner-owner asserted, in effect, that the
remaining conditions shown by the inspection to be uncorrected
were, in fact, addressed in a workmanlike manner.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
A review of the file reveals that although there is evidence that
the superintendent opened the bedroom window's left top sash and
that the tenant signed a work order attesting that the owner had
corrected the pest control problem in the subject apartment; both
conditions were corrected after the issuance of the Rent Adminis-
trator's order on June 25, 1992.
The owner's petition clearly states that "The superintendent Mr.
Rodolfo Niquio opened the bedroom left side window top sash on July
23, 1992".
Moreover, the work order adduced by the owner, on appeal, shows
that extermination services were rendered by the Robert
Exterminating Co. on July 22, 1992.
The Commissioner finds, therefore, that the owner did not correct
the deficient service conditions prior to the issuance of the
appealed order.
Accordingly, the Commissioner further finds that the Administrator
properly based his determination on the entire record, including
the results of the on-site inspection conducted on May 7, 1992, and
that the director properly denied the owner's application to
restore the rent upon determining that the owner had failed to
fully restore services.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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