STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC610087RT
DOCKET NO.: BG630041OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 23, 1988, the above-named petitioner-tenant filed a
petition for administrative review of a order issued on March 8,
1988, by the Rent Administrator, concerning the housing
accommodation known as 711 Walton Avenue, Bronx, various
apartments, wherein the Administrator determined that the
conditions upon which an order reducing the rent was issued have
been corrected and granted the owner's application to restore rent.
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.
On July 11, 1987 the owner applied for a restoration of rent which
had been reduced in an order issued on April 16, 1986. On December
2, 1987 a DHCR staff inspector conducted an inspection of the
premises which determined that adequate heat and hot water were
being provided at the time of inspection. Thereafter, on March 8,
1988 the Administrator issued its order restoring the rent as of
November 1, 1987.
In the PAR, the tenant states that there were four days in March,
1988, after the order was issued, that there was no heat or hot
water. The tenant includes with the PAR copies of complaint forms
of the Department of Housing Preservation and Development, Office
of Rent and Housing Maintenance which acknowledge receipt of the
tenant's complaint of lack of hot water in the apartment on four
days between June and September, 1987.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenant's petition does not establish any basis for modifying or
revoking the Administrator's order which determined, based on a
physical inspection, that the owner was maintaining required
The substance of the tenant's complaints, both before the date of
the inspection and after the date of the order, are not established
and, therefore, are insufficient to refute the inspection findings.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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,
JOSEPH A. D'AGOSTA