CC 610063 RT
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
APPEALS OF DOCKET NO.:
CC 610063 RT; CC 610064 RT;
CC 610065 RT; CC 610066 RT;
CC 610067 RT; CC 610074 RT;
VARIOUS TENANTS OF 3150 DISTRICT RENT
ROBERTS AVENUE ADMINISTRATOR'S DOCKET
NO.: BE 610041 OR
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The Commissioner has consolidated the above referenced
proceedings as all contain common issues of law and fact.
The petitioner-tenants in the above referenced proceedings
filed timely Petitions for Administrative Review against an order
of the Rent Administrator issued January 26, 1988. The order
concerned housing accommodations located at 3150 Roberts Avenue,
Bronx, N.Y. The Administrator granted the owner's rent restoration
application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by these
appeals.
The owner commenced this proceeding by filing an Application
to Restore Rent on May 15, 1987 wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. AG 630125 B had been issued.
The tenants were served with copies of the application and
afforded an opportunity to respond. Thirty-two tenants filed
responses on August 14, 1987 and stated, in sum, that the owner had
not restored services.
The Administrator ordered a physical inspection of the
building. The inspection was conducted on September 29, 1987 and
revealed the following:
1. No evidence of broken windows at Apts. 4C and 3D
CC 610063 RT
area,
2. No evidence of defective lobby light,
3. Entire building hallway, lobby, stairwell and walls
had been painted.
The Administrator issued the order here under review on
January 26, 1988. Rent restoration of $9.00 per month was ordered
for rent controlled tenants effective February 1, 1988. Rent
restoration was ordered for rent stabilized tenants effective
August 1, 1987.
Six tenants have filed appeals from the Administrator's order.
The Commissioner initially notes that the tenant of Apt. 4C (see
Docket No. CC 610065 RT) did not file a response before the
Administrator. It is well settled that the scope of review of an
administrative appeal is limited to facts or evidence presented
before the Administrator unless such facts or evidence could not
have been presented. Therefore, the Commissioner cannot consider
this tenant's challenge to the rent restoration which the tenant
makes for the first time on appeal. This petition is, accordingly,
denied.
The remaining five tenants all state that repairs had not been
completed at the time of the physical inspection of the building.
Three of the five tenants state that services were not fully
restored until November 3, 1987 and argue that the rent should be
ordered restored as of that date.
After careful review of the evidence in the record, the
Commissioner is of the opinion that these petitions should be
denied.
The crux of the argument of the five tenants whose petitions
are before the Commissioner is that services were not restored at
the time of the physical inspection of the building which was
conducted on September 29, 1987. The tenants have submitted no
proof to rebut the inspector's report. Numerous prior orders of
the Commissioner have stated that the report of a DHCR inspector is
entitled to more probative weight than the unsupported allegations
of a party to the proceeding. The Administrator correctly relied
on the inspector's report, which stated that services had been
restored.
With regard to the effective date for rent restoration set
forth in the order here under review, the Commissioner notes that
DHCR policy is to order rent restoration for rent stabilized
tenants on the first rent payment date following service of the
application for rent restoration on the tenants. The Administrator
correctly ordered the rents for rent stabilized tenants restored
effective August 1, 1987. The order here under review is affirmed.
CC 610063 RT
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that these petitions be, and the same hereby are,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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