STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BB 410284-RO
45 TERRACE DRO DOCKET NO.: ZAB 520092-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner owner filed a timely Petition for
Administrative Review against an order of the District Rent Administrator
Gertz Plaza, 92-31 Union Hall Street Jamaica, New York issued December 5,
1986. The order concerned housing accommodations known as Apartment 2A
located at 45 Wadsworth Terrace New York, New York. The Administrator
ordered a reduction in rent for failure to provide services.
This case began with the filing of a complaint by the tenant on February
6, 1986. This complaint alleged 12 different problems with services. A
physical inspection of the premises was conducted July 21, 1986. That
inspection found 3 service problems. First, the kitchen had no hot water.
Second, all windows required putty. Third, the kitchen and living room
walls had water stains and the bathroom had a hole under the sink.
The petition alleged as follows: First, that tenant did not complain about
a lack of hot water in the kitchen. Second, that the windows had been
repaired. Third, that access had been denied to fix the kitchen and
living room walls. After water stains and the bathroom had a hole under
The petition alleged as follows: First, that tenant did not complaint
about a lack of hot water in the kitchen. Second, that the window had
been repaired. Third, that access had been denied to fix the kitchen and
living room walls. After a careful review of the evidence in the record
the Commissioner will deny the petition. As regards the first defense,
the complaint specifically "often no warm water." As to the third
defense, if petition had access to fix the windows, it had access to
correct the other problems. Finally, if petitioner feels anything has
been correct, than the remedy is to apply for a restoration of the rent.
It is settled that a physical inspection is dispositive over the
unsupported allegations of the petitioner.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
DOCKET NUMBER: BB 410284-RO
ORDERED, that this petition be, and hereby is, denied and that the order
of the District Rent Administrator be, and the same hereby is, affirmed.