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.:
RE MEG GEC CORPORATION,
PETITIONER BC 530113-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 19, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued September 17, 1987. The order concerned
housing accommodations located at 503 West 169th Street,
New York, New York. The Administrator ordered a building-wide
rent reduction for failure to maintain services.
The Commissioner has reviewed the record and h s carefully con-
sidered that portion relevant to the issues raised by this
The tenants commenced this proceeding by filing a complaint of
decreased services on March 23, 1987. The tenants complained of
1. No superintendent on premises.
2. Defective front door lock.
3. Defective intercom.
4. Inadequate heat and hot water.
The owner responded to the complaint. In that answer the owner
alleged that the building is serviced by a resident and non-resi
dent superintendent, that the front door lock and intercom had
been repaired and that there is a nonpayment proceeding pending
in New York City Civil Court against the named tenant.
The Administrator ordered a physical inspection which was con-
ducted on May 20, 1987. The inspector found a defective building
door entrance lock. A rent reduction of $5.00 was ordered for
the rent controlled apartments in the subject building. Since no
stabilized tenants signed the complaint, no rent reduction order
was issued for stabilized tenants.
On appeal, the owner argues that the inspector's statements are
false. The owner claimed the door was locked at all times. Bills
and invoices were annexed. One of the tenant's responded to the
petition and stated unequivocally that no repairs were made.
After a careful review of the evidence in the record the Commis-
sioner is of the opinion that the petition should be denied.
The owner's statements as to the condition of the door lock were
contradicted by both the tenants and the inspector.
It is settled that a physical inspection by an agency employee is
dispositive of the condition of required building services when
compared with the unsupported statement of a party to the pro-
The Commissioner also notes that the paid invoices were for
repair to the intercom. The Administrator's order dealt solely
with the defective entrance door lock. The order is affirmed.
The owner is advised to file an application to restore the rent
when it can establish that the door lock has been repaired.
THEREFORE, in accordance with the Rent and Eviction Regulations,
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby