HE130098RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: HE130098RO
Rego Estates
c/o Moses Eckstein,
RENT ADMINISTRATOR'S
DOCKET NO.: GE130185OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On May 14, 1993, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on May 4, 1993,
by the Rent Administrator, concerning the housing accommodation
known as 65-20 Booth Street, Rego Park, N.Y., various apartments,
wherein the Administrator determined that the owner's application
to restore the rent should be partially granted based on an
inspection held on March 25, 1993. The application was partially
granted because it was shown that one glass pane in the right
window of the lobby was cracked.
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.
The issue herein is whether the Rent Administrator properly granted
the owner's application in part.
On May 25, 1992, the owner filed an application for rent
restoration alleging that all repairs and services which were the
subject of the September 23, 1988, rent reduction order, issued
under Docket No. CB130001B, were restored.
The tenants filed answers to the application alleging in pertinent
part that the owner cleared all violations but that there were rent
computation errors which had to be corrected.
A DHCR inspection conducted on March 25, 1993 revealed that the
owner corrected all service deficiencies specified in the rent
HE130098RO
reduction order excepting the cracked pane in the right window of
the lobby.
On appeal, the petitioner-owner asserted, in pertinent part, that
if a window pane was cracked at the time of the DHCR inspection, it
was a different pane which cracked after the repair was completed.
The petition was served on the tenants on June 23, 1993 and in
July, 1993, several tenants filed answers to the petition stating
that a variety of services were not being provided by the owner,
but none referred to broken windows in public areas.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
The owner, on proof of restoration of those services which were the
subject of the Rent Administrator's reduction order is, by law,
entitled to an order of rent restoration.
The owner has consistently alleged throughout this proceeding that
the necessary lobby window repair was made before the issuance of
the appealed order; that the inspector's report made reference to
a different lobby window-pane that cracked after the first pane of
glass was replaced and that it had no knowledge that the second
lobby window-pane was in need of repair.
In support of its contentions, on appeal, the owner submitted an
invoice marked "paid" from Kew Forest Maintenance, dated February
27, 1993, for a replacement window-pane and a work performance
certification from the building superintendent, dated March 1,
1993, showing that the lobby window glass was replaced.
The Commissioner notes that several of the tenants' answers
submitted below state clearly that the owner cleared all
violations.
Additionally, the tenants' answers to the petition make no mention
whatsoever of a cracked window-pane in the lobby.
The Rent Administrator's order dated May 4, 1993, determined that
the owner was either maintaining or actually corrected eight other
service deficiencies noted in the Rent Administrator's rent
reduction order.
Accordingly, the Commissioner finds that there is no basis for
partially granting the owner's rent restoration application and
that the Rent Administrator erred by issuing the order of May 4,
1993.
HE130098RO
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York and the Rent Stabilization Law
and Code, it is
ORDERED, that this petition be, and the same hereby is, granted,
and the Administrator's order be, and the same hereby is, revoked
and the rent for Rent Controlled tenants be, and the same hereby is
restored to the level in effect prior to the rent reduction plus
subsequent lawful increases effective June 1, 1993, the first rent
payment following the issuance date of the Rent Administrator's
order and the rent for Rent Stabilized tenants be, and the same
hereby is restored to the level in effect prior to the rent
reduction plus subsequent lawful increases effective March 1, 1993,
the date the owner replaced the lobby window-pane.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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