DHCR Decisions
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.:FC520016RO
Parkoff Company/ Apar Realty Co., RENT ADMINISTRATOR'S
DOCKET NO.:ED520120OR
SUBJECT PREMISES:
641 West 207th Street
Apt. 1A
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 4, 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 April 23, 1990 by filing an
application to restore rent based on the restoration of services and
the tenant's consent to same.
In answer, the tenant stated that "the work was not done correctly
and problems continue"; that his signature on the owner's
application indicating consent to restoration was made during
"serious illness"; and that he did not realize that his signature
would be used to close the case.
On January 3, 1991, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the continued
existence of defective conditions.
By an order dated February 4, 1991, the Administrator denied the
owner's application.
In this petition, the owner contends in substance that all work was
done. The owner submitted a copy of an undated work order
purportedly signed by the tenant.
FC520016RO
DHCR mailed a copy of the petition to the tenant.
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 3,
1991 inspection which confirmed the continued existence of defective
conditions, warranting a denial of the owner's application. The
owner's submission of a copy of an undated work order purportedly
signed by the tenant fails to rebut the results of the physical
inspection. In addition, this work order was not submitted at the
proceeding below before the Administrator, and is raised for the
first time on appeal; accordingly, this work order is beyond the
scope of review which is limited to the issues and evidence before
the Administrator.
The status of the owner's rent restoration applications is as
follows: EC420051OR denied on October 15, 1990 and GG520118OR
granted on December 24, 1993.
THEREFORE, in accordance with the Rent and Eviction Regulations 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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