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.:GI520261RT
106-116 Vermilyea Avenue
PETITIONER Apt., A32, New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on September 3, 1992 concerning the
housing accommodations relating to the above described docket
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 petition.
The tenant commenced this proceeding on October 31, 1990 by filing
a complaint asserting that her apartment door needs to be aligned,
painted and even replaced because it is an "old door."
On November 19, 1990, the Division sent the owner a copy of the
In answer, the owner stated that the defective door had been
The tenant was forwarded a copy of the owner's answer, but the
tenant did not respond.
On August 20, 1992, the subject apartment was inspected by a staff
inspector who reported no evidence of a defective, misaligned
apartment entry door.
Based on the inspection report, the Administrator denied the
tenant's application and terminated the proceeding.
In the petition for administrative review, the tenant alleges in
substance that the defective door has not been repaired. The
tenant contends that there are other defective conditions; and that
the inspection has not been performed.
The Commissioner is of the opinion that the petition should be
The evidence of record shows that the Administrator determination
was based upon a Division inspection report which found that the
apartment entry door was not defective. The determination was in
all respects proper and is hereby sustained.
The other defective conditions alleged by the tenant are beyond the
scope of this administrative appeal, in that they were not raised
below. Petitioner may file a complaint with respect to those items
if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
ORDERED, that this petition be, and the same hereby is, denied and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA