BJ 410221 RT
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.: BJ 410221 RT
Jo Ann Douglas, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: BC-430129 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 30, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on August 27, 1987
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
170 Second Avenue, New York, New York, various apartments.
The issue herein is whether the District Rent Administrator
properly denied the tenant's application for a decrease in rent
based upon a decrease in building-wide services.
The District Rent Administrator's order, appealed herein, denied
the tenant's complaint, based upon an inspection of the premises
on June 11, 1987, which disclosed that the conditions had been
corrected.
On appeal, the petitioner-tenant alleged that there has been
little or no improvement in passenger elevator services since the
owner's contractor made the repairs in that the elevators were
either not operating or stalling.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The tenant filed a Statement of Complaint of Decrease in
Building-wide services, on March 31, 1987, alleging that the
owner failed to provide passenger elevator service and properly
regulated hot and cold water throughout the building.
In reply, the owner stated that major overhaul work was recently
completed by the Republic Elevator Company; that there are two
elevators in the building and that when one is being repaired the
other is in operation, thus resulting in continuity of service;
that normal maintenance is performed by the Republic Elevator
Company, under a 24 hour service contract and that the elevators
required service only two times in the past year.
The owner submitted a letter from the Republic Elevator Company,
dated May 4, 1987, which corroborated the claims in the owner's
answer.
BJ 410221 RT
The Commissioner notes that the tenant's allegations on appeal
are unsupported by any substantiating evidence and that there is
no evidence contained in the record which was before the
administrator to indicate that conditions in the subject building
were other than as found by the inspector during his June 11,
1987 visit. Accordingly, based on a preponderance of the
evidence, the Commissioner finds that the tenant has offered
insufficient reason to disturb the administrator's determination.
The Commissioner notes that while the tenant questions the
findings of fact, the record clearly reflects those findings by
virtue of the DHCR inspection which occurred on June 11, 1987.
Accordingly, the Commissioner finds that the Rent Administrator
properly determined that the owner had been maintaining services
based on the evidence of record, including the results of a
physical inspection of the subject building, and correctly denied
the tenant's rent reduction application.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Rent Administrator be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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