CE430032RT
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CE430032RT
DANIEL ZWEIG RENT
ADMINISTRATOR'S DOCKET
NO.: BE410087B
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 20, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 15, 1988. The order concerned various
housing accommodations located at 945 West End Avenue, New York,
N.Y. The Administrator denied the tenants' complaint seeking rent
reduction based on the owner's failure to maintain required
services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on April 29, 1987 when 30 of the
47 tenants filed a Statement of Complaint of Decrease in Building-
Wide Services wherein they alleged, in sum, that the owner was not
maintaining certain required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on October
22, 1987 and stated, in sum, that the allegations contained in the
complaint had been the subjects of prior complaints filed with the
DHCR and adjudicated. The owner also stated that the services
complained of were being maintained.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 17, 1988 and
revealed that all conditions cited in the complaint had been
corrected. The Administrator issued the order here under review on
April 15, 1988 and terminated the proceeding based on the
inspector's report.
On appeal the tenant states that the order here under review
CE430032RT
should be reversed and attaches a copy of the complaint to the
petition. The petition was served on the owner on June 15, 1988.
The owner filed a response on June 15, 1988 and stated, in
sum, that the petition for administrative review is without merit
and that the order here under review was correctly issued and
should be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the tenant has not offered any
evidence to rebut the inspector's report described above. The DHCR
inspector is neither a party to this proceeding nor an adversary.
Numerous prior decisions of the Commissioner have held that the
report of a DHCR inspector is entitled to more probative weight
than the unsupported allegations of a party to the proceeding. The
order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
