CC510150RT
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.: CC510150RT
BYRON UTLEY RENT
ADMINISTRATOR'S DOCKET
NO.: BF520020OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 27, 1988 the above named petitioner-tenant filed
a Petition for Administrative Review against an order of the Rent
Administrator issued January 29, 1988. The order concerned housing
accommodations known as Apt. 10A located at 601 W. 160th Street,
New York, N.Y. The Administrator granted in part the owner's rent
restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on June 2, 1987 by filing
a rent restoration application wherein it sought restoration of the
rent reduced in Docket No. US001763S. The Commissioner notes that
the rent was reduced based on findings of mice and roach
infestation, mildewed bathroom ceilings and living room closet and
broken refrigerator freezer door and tray.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
September 14, 1987 and stated, in sum, that the owner had not
restored services and that the application should be denied.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on November 13, 1987 and
revealed that the broken refrigerator freezer door and tray were
repaired but that the owner had not restored the other services.
The Administrator issued the order here under review on
January 29, 1988 and granted the application in part. Rent
restoration of $4.00 per month was ordered with the owner given
leave to refile for the remaining $12.00 when services were fully
restored.
CC510150RT
On appeal the tenant states, in sum, that the order here under
review incorrectly granted partial rent restoration in that the
refrigerator freezer door and tray were not properly repaired and
that the New York City Department of Housing Preservation and
Development has issued numerous violations for conditions in the
subject apartment. The petition was served on the owner on May 7,
1988.
The owner filed a response on May 25, 1988 and stated, in
relevant part, that the Administrator's order was correct insofar
as it restored the rent based on the finding that the freezer door
and tray were repaired.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The DHCR inspector who prepared the above described report is
neither a party to this proceeding nor an adversary. The inspector
reported that the refrigerator freezer door and tray were repaired.
The inspector's report is entitled to more probative weight than
the unsupported allegations of the tenant. The records of other
agencies are not dispositive and do not rebut the DHCR inspector's
report. The order here under review is affirmed. The owner may
refile for rent restoration when services have been fully restored.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City 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
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