DHCR Decisions
CA610195RT
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.: CA610195RT
Madeline M. Dickstein,
RENT ADMINISTRATOR'S
DOCKET NO.: AJ610101OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 20, 1988, the above-named petitioner-tenant timely
refiled a petition for administrative review of an order issued on
November 6, 1987, by the Administrator, concerning the housing
accommodation known as 750 Pelham Parkway South, Apt. 1W, Bronx,
New York, wherein the Administrator granted the owner's rent
restoration application based on the tenant's statement of consent
that apartment repairs had been completed.
This proceeding was commenced by the filing of an application to
restore rent by the owner dated October 22, 1986. By letter
received August 19, 1987, the tenant advised that her complaints,
which resulted in the rent reduction, had been resolved. The
tenant thanked the Division and requested that the rent be
restored. Thereafter, an inspection conducted by a Division
employee confirmed that conditions had been corrected, resulting in
the order herein appealed.
In the PAR, the tenant contends that she signed the statement of
consent on the owner's promise that the apartment would be painted,
all other repairs having been done. The tenant asserted that the
apartment was not painted and feels that the rent should not have
been restored.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The conditions which resulted in the order reducing the rent dated
July 17, 1985 were: (1) a cracked window in the bathroom, and
CA610195RT
(2) water back up in the kitchen sink. Subsequent communications
from the tenant in connection with a compliance proceeding confirm
that prior to October 10, 1986, the owner had complied with the
directives of the order reducing the rent, and the owner was
directed to file for restoration.
In connection with the application to restore rent, the tenant
advised that her complaints had been resolved and that in August,
1987 water damage in her apartment had been corrected, various
rooms had been painted, and she requested the rent be restored. An
inspection conducted on September 28, 1987, at which the tenant was
present, confirmed that the back up in the kitchen sink had been
repaired. Other communications from the tenant advise that the
apartment windows have been replaced.
Based on the evidence of record, the Administrator's order was
correct when issued. Any outstanding repairs or further reduction
of services, if any, that the tenant may be referring to appear not
to be related to the conditions which were the basis for the rent
reduction herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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