ADM. REVIEW DOCKET NO.: BK410198RT
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.:
BK410198RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BC510455S
PREMISES:
244 East 117th Street
Apt. 1A
New York, NY
LOUISE ALERT,
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL AND
REVOKING ADMINISTRATOR'S ORDER
The above-named tenant filed a timely petition for
administrative review of an order issued on November 17, 1987
concerning the housing accommodations relating to the above-
described docket number.
The issue in this appeal is whether the Administrator's order
was warranted.
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.
This proceeding was commenced on March 19, 1987 by a rent-
stabilized tenant who filed a complaint, asserting that the owner
failed to maintain required services in the subject apartment. The
tenant did not seek a rent abatement.
ADM. REVIEW DOCKET NO.: BK410198RT
On April 6, 1987, the Division sent a copy of the complaint to
the owner who filed an answer advising that "repairs will be done
in 10 days."
An inspection was conducted on August 13, 1987 by a Division
staff member who reported that he was told by other tenants in the
building that the complaining tenant no longer lives in the subject
apartment, and that the present occupant of Apt. # 1A has no
complaint.
The Administrator terminated the proceeding, based on evidence
"that the tenant has vacated subject apartment and the Division is
unable to obtain information necessary to process the case."
In the petition for administrative review, the tenant
contended that she has not vacated the subject apartment; and that
the complained-of conditions continue to exist.
After careful consideration, the Commissioner is of the
opinion that the proceeding should be remanded on appeal and the
Administrator's order revoked.
The basis of the Administrator's order, the August 13, 1987
inspection, is insufficient to terminate this proceeding. The
inspector reported that he merely heard from the other tenants in
the building that the complaining tenant had vacated, and that
there is no Apt. 1A. This report is hearsay, not resulting from
his own personal observation. A careful review of the Division
records reveals that the complaining tenant is the registered
tenant; and that the complaining tenant from the same address and
Apt. 1A filed this petition, thus putting a doubt on the
reliability of this inspection. A credible on-site inspection is
required.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this proceeding be remanded to the Administrator
for further processing in accordance with this Order and Opinion,
and that the Administrator's order be revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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