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.: GG530168RT
DOCKET NO.: FJ510173OR
PREMISES: 460 Audubon Ave.
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for
administrative review of an order issued on June 30, 1992
concerning the housing accommodations relating to the above-
described docket number.
The issue in this appeal is whether the Administrator's order
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.
This proceeding was commenced on September 24, 1991 by the
owner who filed an application to restore rent based on the
maintenance of services for which a rent reduction order was issued
on September 11, 1991 under Docket Number FD530033B. The owner
affirmed that the new lock and gate latches had been installed, and
that the newly repaired roof had no more leaks.
On November 19, 1991, the Division mailed the tenant a copy of
the owner's application.
Nine (9) tenants answered the owner's application, denying the
owner's allegations in the application.
On May 27, 1992, an inspection of the subject building was
conducted by a Division staff member who reported that there is no
evidence of leaks on the ceiling and walls of the top floor, that
there is no evidence of missing lock on the building entrance door,
that the court yard has a lock and secure steel gate, and that the
bell and buzzer system are located at this gate.
Based on this inspection, the Administrator granted the
owner's application and restored the stabilized rent to the level
in effect prior to the rent reduction.
In the petition for administrative review, the tenants contend
in substance that the "building entrance door is still defective."
On July 30, 1992, the Division mailed a copy of the tenants'
petition to the owner.
After careful consideration, the Commissioner is of the
opinion that the tenants' petition should be denied.
The Administrator's order was based upon a staff inspector's
report which found on May 27, 1992 maintained services in the
building. The determination was in all respects proper and is
The tenants' claim in the proceeding below and in the petition
that services still need to be restored failed to rebut the May 27,
1992 on-site inspection.
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 Administrator's order be, and the same hereby
Joseph A. D'Agosta