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.:FB410058RO
Joseph Kizner, RENT ADMINISTRATOR'S
DOCKET NO.:EE420023OR/
EE420024OR
SUBJECT PREMISES:
121 Madison Avenue
Apt. 9F
New York, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of two orders under Docket Nos. EE420023OR and EE420024OR
issued on the same day of January 17, 1991 concerning the housing
accommodations relating to the above-described docket number,
wherein the Administrator granted partially the owner's rent
restoration applications.
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.
A search of the record reveals that the subject apartment is rent-
controlled, a fact undisputed by the parties.
The Administrator's order under Docket No. EE420023OR states that an
inspection held on December 28, 1990 revealed, in relevant part,
"evidence of peeling paint and plaster to living room walls
and ceiling." The order further states that the owner may refile
for the remaining $3.00 when all services are fully restored.
The Administrator's order under Docket No. EE420024OR states that an
inspection held on December 28, 1990 revealed, in relevant part,
"evidence of peeling paint and plaster on living room walls and
ceiling with falling plaster"; and that the owner may refile for the
remaining $10.00 when all services are fully restored.
FB410058RO
In the petition for administrative review, the owner questions the
statement in the Administrator's order under Docket No.EE420023OR
that the "owner may refile for the remaining $3.00" when the peeling
paint and plaster to the living room walls and ceiling is corrected,
when another order (EE420024OR) issued on the same day based on the
same December 28, 1990 inspection states that the "owner may refile
for the remaining $10.00" for the same defective conditions.
The Commissioner finds that as to the peeling paint and plaster to
the living room walls and ceiling, the Administrator's order under
Docket No. EE420024OR is duplicative and moot. The reference to
owner refiling for the remaining $10.00 is therefore deleted.
Accordingly, the Administrator's order under Docket No. EE420023OR
is correct. The owner may refile for the remaining $3.00 when the
peeling paint and plaster to living room walls and ceiling is
removed.
Thus, the owner's petition is granted in part and the
Administrator's order under Docket No. EE420024OR modified in
accordance with this Order and Opinion.
The owner may apply for another rent restoration application if the
facts so warrant.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears shall be paid in monthly
installments which shall not exceed the amount of the monthly rent
reductions revoked herein.
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Administrator's order be, and the same hereby is,
modified in accordaance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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