STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 8, 1988, the above-named petitioner-tenant filed a peti-
tion for Administrative Review (PAR) of an order issued on March 4,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as 301 East 73rd Street, Building-wide, New York, NY,
wherein the Rent Administrator determined that conditions giving
rise to the tenants' complaint had been corrected.
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.
This proceeding was commenced by the filing by many tenants of a
complaint of a decrease in services dated October 17, 1987, al-
leging that the building's elevators often malfunction, generally
four out of seven days.
An inspection conducted by a Division of Housing and Community
Renewal (DHCR) inspector on February 5, 1988, found the elevators
to be working properly at the time of inspection. Consequently,
the Administrator issued an order on March 4, 1988, denying the
tenant's complaint on the basis that the condition had been
In the PAR, the tenant contends that the elevators continue to
malfunction, that it is a recurring problem, and that it was
improper for the Administrator to conclude after one inspection
that the problem has been corrected.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
A physical inspection of the elevators showed that services were
being maintained. As it is not the policy of this Division to
conduct multiple inspections to verify a particular complaint, it
was proper for the Administrator to rely on the results of the one
inspection to determine the outcome in this case.
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