ADM. REVIEW DOCKET NO.: BK410219RT
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.:
BK410219RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BC410428S
PREMISES:
221 West 21st St.
Apt. No. 4D
New York, NY
JOHN ROGER CAMPANELLA,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for
administrative review of an order issued on November 4, 1987
concerning the housing accommodations relating to the above-
described docket number wherein the Administrator denied the
tenant's application for a rent reduction based on decreased
services.
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 petition.
The tenant commenced this proceeding on March 20, 1987 by
filing a complaint asserting that excessive noise comes from the
uncarpeted apartment above him, wherein the tenant alleged that
business is illegally conducted in this residential-zoned building.
ADM. REVIEW DOCKET NO.: BK410219RT
On April 9, 1987, the Division sent the owner a copy of the
tenant's complaint.
On September 8, 1987, the tenant was informed of a scheduled
inspection on September 15, 1987.
An on-site inspection of the subject apartment was conducted
on September 15, 1987 by a Division staff member who reported that
there was "no evidence of excessive noise from the apartment above
the subject apartment"; and that he could not determine if the
above subject apartment was being used for business.
Based on the inspection, the Administrator terminated the
proceeding.
In the petition for administrative review, the tenant
contended in substance that there is constant traffic and noise
above him day long; and that he was not contacted about the
September 15, 1987 inspection.
In answer, the owner asserted that he had informed the tenant
in the apartment above the subject apartment about the alleged
excessive noise and to desist from making commercial use of a
residential apartment. The owner submitted a copy of a certified
letter to that effect.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The Administrator's determination was based upon a staff
inspector's report which failed to substantiate the tenant's
complaint. This determination was in all respects proper and is
hereby sustained.
Regarding the tenant's allegation about not being notified of
the September 15, 1987 inspection, the Commissioner finds said
allegation without merit. A careful review of the record shows
that on September 8, 1987, the Division sent the tenant at his
proper address a notice concerning the scheduled inspection.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
ADM. REVIEW DOCKET NO.: BK410219RT
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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