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





          ------------------------------------x
          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
          ------------------------------------x

            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  






    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name