BI410293RT
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.: BI410293RT
WILLIAM T. MANTLO RENT
ADMINISTRATOR'S DOCKET
NO.: BD430030B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 21, 1987 the above named petitioner-tenant filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 20, 1987. The order concerned housing
accommodations known as Apt 5-A located at 317 West 93rd Street,
New York, N.Y. The Administrator denied the tenants' application
for a rent reduction.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on April 3, 1987 by the filing
of a Statement of Complaint of Decrease in Building-Wide Services
wherein the tenant requested a rent reduction based on a lack of
elevator service.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on May 14,
1987 and stated, in sum, that the building elevators were being
upgraded.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on June 16, 1987 and
revealed that the elevator was working properly. The Administrator
issued the order here under review on August 20, 1987 and denied
the application.
On appeal the tenant states that the complaint, which alleged
no elevator service for a six month period, was erroneously denied
and that any repairs were nonessential and for tax abatement
purposes only. The petition was served on the owner on November
BI410293RT
24, 1987
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner is of the opinion that the Administrator
properly denied the complaint. The physical inspection described
above clearly showed that the elevator was repaired before said
inspection took place. The inspector's failure to confirm the
allegation in the complaint required the Administrator to deny
relief. The order here under review is 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
Deputy Commissioner
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