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.:FC510251RO
Gertrude Bauer, RENT ADMINISTRATOR'S
DOCKET NO.:EE510092OR
SUBJECT PREMISES:
25-31 Post Avenue
Apt. 5E
New York, NY
PETITIONER
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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 27, 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 on May 11, 1990 by filing an
application to restore rent based on the restoration of services.
The owner submitted a copy of a work order dated May 12, 1990
allegedly signed by the tenant, acknowledging completion of repairs.
In an answer with an affidavit of translation, the tenant stated
that she does not understand English; that she signed papers brought
by the owner without knowing that it involved a rent reduction; and
that the defective conditions, which may be the subject matter of
those papers she signed, are not yet corrected.
On January 8, 1991, a physical inspection of the subject apartment
was conducted by a DHCR staff member who confirmed that the
panelling in the hall was installed in an unworkmanlike manner and
that there was vermin infestation throughout the apartment.
By an order dated February 27, 1991, the Administrator denied the
owner's application.
In this petition, the owner contends in substance that the tenant
FC510251RO
knew that work was done when she signed acknowledging completion of
repairs.
In answer, the tenant denied the allegations and otherwise asserted
the continued existence of defective conditions.
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 8,
1991 inspection which confirmed the continued existence of defective
conditions, warranting a denial of the owner's application.
The status of other rent restoration applications by the owner is as
follows: FD510101OR denied on October 24, 1991 and FK510095OR denied
on January 25, 1994.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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