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.:FC210076RO
Julius Mehrberg/ RENT ADMINISTRATOR'S
Parkside Towers Company, DOCKET NO.:ED210042OR
160 Parkside Avenue
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 5, 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 by filing an application to
restore rent based on the restoration of services.
DHCR mailed a copy of the application to the tenant.
On January 9, 1991, a physical inspection of the subject apartment
was conducted by a DHCR staff member who reported that the kitchen
vent is inoperative; that the kitchen cabinet door (over sink) does
not close properly; and that the bathroom vent is inoperative.
By an order dated February 5, 1991, the Administrator denied the
In this petition, the owner contends in substance that all the fans
are in proper working order, as indicated by an attached copy of a
letter from an air conditioning company dated January 30, 1992.
In answer, the tenant stated in pertinent part that services are not
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the January 9,
1991 inspection which confirmed the continued existence of defective
conditions, warranting a denial of the owner's application.
The owner's submission of a January 30, 1992 letter from an air
conditioning company is beyond the scope of review, which is limited
to the issues and evidence before the Administrator.
The Commissioner notes that the owner's rent restoration application
(GC210046OR) was granted on July 28, 1993.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA