ART-13496-L
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.: ART-13496-L
Jules Finker, DISTRICT RENT ADMINISTRATOR
DOCKET NOS.: AD-430045-B;
AC-430064-B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 25, 1986, the above-named petitioner filed a Petition
for Administrative Review against orders issued on July 23 and
July 28, 1986 by the Rent Administrator of the Gertz Plaza,
Jamaica, District Rent Office, concerning the housing
accommodations known as 170 East 77th Street, New York, New York.
The issue herein is whether the Administrator correctly denied
the tenant's complaint which sought a reduction of the legal
regulated rent on the basis of a decrease in building services.
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.
On March 24, 1986 the tenant filed a complaint of decrease in
services, alleging that the passenger and service elevators are
frequently out of service and make an excessive amount of noise
when in use.
The tenant's original complaint and a duplicate copy of the
complaint were docketed under the two docket numbers referenced
above and were processed separately.
On May 28, 1986, and again on June 2, 1986 physical inspections
of the subject housing accommodation were conducted by the DHCR.
The inspectors' reports failed to confirm existence of the
complained of conditions.
On July 23, 1986, the Rent Administrator issued an order under
Docket No. AD 430045 B, and, on July 28, 1986, an order under
Docket No. AC-430064-B denying the relief requested based on the
reports of the physical inspection.
In its petition, the tenant contends that while the elevators may
have been in operation on the day of the inspection, there has
been an ongoing problem with elevator noise.
On May 11, 1989, the elevators were re-inspected for excessive
noise and hazardous mechanical conditions. The inspection report
again failed to confirm existence of the complained of
conditions.
The Commissioner is of the opinion that this petition should be
ART-13496-L
denied.
Despite the tenant's assertions, three physical inspections
conducted by the Division's inspectors failed to confirm the
complained of conditions and, the Commissioner finds that the
Administrator's order was correct.
This order is issued without prejudice to the tenant's right to
file an additional complaint of decrease in services if the facts
so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and, that the order of the District Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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