CK110191RT et al.
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.:
CK110191RT (CJ110035RT)
Fook Chung Ng, CK110192RT (CJ110038RT)
Sol Sarison, CK110193RT (CJ110039RT)
Meyer Yomtov,
RENT ADMINISTRATOR'S
DOCKET NO.: BJ110014B
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On November 9, 1988, the above-named petitioner-tenants timely
refiled petitions for administrative review of an order issued on
September 15, 1988, by the Rent Administrator, concerning the
housing accommodations known as various apartments at 63-90 Austin
Street, Queens, N.Y., wherein the Administrator determined that a
rent reduction was not warranted.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The record reveals that 15 tenants joined in filing a complaint
alleging a decrease in various building-wide services.
The owner answered the complaint and stated that all necessary
repairs had been done or would be completed by December 31, 1987.
A DHCR inspector visited the premises on June 6, 1988 and reported
that all services listed on the tenants' complaint were being
maintained, except that the playground area had both overgrown
weeds, and broken and missing apparatus.
Based on this inspection, the Rent Administrator issued the order
appealed herein, directing restoration of services but finding that
a rent reduction was not warranted.
The petitions filed by three tenants all state that the inspection
report is false because the intercom is working in only a few
CK110191RT et al.
apartments, the building door lock is not working properly, there
is vermin infestation despite regular exterminator services, there
is inadequate water pressure, and there is peeling paint and
plaster from the top floor down to the ground floor and on rainy
days, water runs down the walls. The tenants requested a
reinspection.
The petitions were served on the owner on January 10, 1989.
After careful consideration, the Commissioner is of the opinion
that the petitions should be denied.
A review of the complaint reveals that no allegation was made
regarding the intercom system. The inspector reported no evidence
of inadequate water pressure in public areas but for conditions
within the tenants' apartments, individual complaints must be filed
which the tenants are advised to do if the conditions persist.
The inspector found that the building entrance door lock was
working properly and that there was no evidence of infestation or
of peeling paint and plaster in the public areas. The Commissioner
deems it appropriate to rely on the report of the Division's
inspector who is an impartial observer, rather than on the
unsupported allegations of a party to the proceeding.
The Division's records reveal that in a subsequent compliance
proceeding, all playground services were found to have been
restored in a workmanlike manner.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that these petitions be and the same hereby are denied and
the Rent Administrator's orders be and the same hereby are
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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