ADM. REVIEW DOCKET NOS.: CA 210087 RT ET AL.
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 NOS.:
CA 210087 RT; CA 210088
RT; CA 210095 RT; CA
210096 RT; CA 210097 RT;
CA 210098 RT; CA 210099 RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BG 210068 OR
VARIOUS TENANTS
PETITIONERS :
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.ORDER AND OPINION DENYING TENANTS' PETITIONS FOR ADMINISTRATIVE
REVIEW
The above-referenced petitioner tenants filed timely Petitions
for Administrative Review (PARs) appealing orders issued on
December 4, 1987 by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations known as 94-06 34th
Road, Queens, New York, wherein the Administrator determined the
owner's application to restore rents previously reduced under
Docket No. AI 230067 B.
The challenged orders granted the owner's rent restoration
applications based on the results of an inspection conducted on
October 30, 1987 that revealed that the owner had completed repairs
to all public area windows and to the sidewalk concrete. The
tenants' rents had been reduced for these conditions in an order
under Docket No. AI 230067 B dated June 19, 1987.
On appeal, the tenants, in basically identical petitions,
claim that the sidewalk repairs were not completed in a manner that
satisfied Building Code regulations, and that cracks are visible on
the surface.
ADM. REVIEW DOCKET NOS.: CA 210087 RT ET AL.
The Administrator rendered his determination based on the
report of an agency inspector, who was not a party to the
proceedings, and not an adversary to the tenants. Consequently,
his impartial observations were given substantial weight.
Moreover, the tenants failed to submit any evidence to
substantiate their bare claim that the sidewalk repairs were not
completed in a workmanlike manner. Consequently, there is no
warrant to reconsider the Administrator's determination to restore
rents.
THEREFORE, in accordance with the provisions of the City Rent
Control Law, the Rent and Eviction Regulations, and the Rent
Stabilization Law and Code, it is
ORDERED, that the tenants' petitions be and the same hereby
are denied, and that the Administrator's orders be and the same
hereby are affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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