AI 610235 RO
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.: AI 610235 RO
PETR RALSTON DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BS 003718 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 5, 1986 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 28, 1986. The order concerned
housing accommodations known as Apt. 6-E located at 91 Van
Cortland Avenue West, Bronx, N.Y, wherein the Administrator
ordered a rent reduction based on a finding of decreased
services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on October 15, 1985. The
complaint was served on the owner and an opportunity was given to
respond thereto.
The Administrator ordered a physical inspection of the
premises. Based on the inspector's report of decreased services,
the Administrator issued the order here under review on August
28, 1986. A rent reduction was ordered.
On appeal, the owner states that the doorbell has been fixed
and that there is no roach infestation. The tenant did not file
a response.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The statements in the petition are unclear as to when the
alleged repairs have been done. If the repairs predated the
order here under review, then the owner's statements are at
variance with the inspector's report. It is settled that a
report of a DHCR inspector is entitled to more probative weight
than the unsupported allegations of a party to the proceeding. If
the alleged repairs followed the issuance of the order, the
petitioner's remedy is to file for rent restoration. The
Administrator's order is, therefore, affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code,
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
Acting Deputy Commissioner
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