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.:
PETITIONER DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 18, 1988, the above-named petitioner-tenant filed a peti-
tion for administrative review (PAR) of an order issued on March
14, 1988, by the Rent Administrator, concerning the housing
accommodation known as 455 West 153rd Street, various apartments,
New York, New York, wherein the Administrator, based on the owner's
application, restored the rent that had previously been reduced by
order dated September 30, 1985.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The order hereunder review restores the rent which had been reduced
by order issued on September 30, 1985, under Docket No.
UCS000012HH. That order reduced the rent for the rent stabilized
and rent controlled tenants on the basis of inadequate heat and hot
water. An inspection of the premises conducted on October 7, 1987,
in connection with the owner's application to restore rent, deter-
mined that these conditions had been corrected resulting in the
order herein appealed.
In the PAR, the tenant states that there have been many days during
the past heating season, when the owner has failed to provide
adequate heat and hot water. In the PAR, the tenant also raises
conditions requiring repairs within her apartment.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenant's complaints regarding apartment conditions are
irrelevant to this proceeding. The order reducing the rent
addressed only heat and hot water service. The only relevant
inquiry in this proceeding is whether that condition was corrected.
The tenant's bare allegation of other episodes of inadequate heat
and hot water, which has not been substantiated, is insufficient to
refute the inspection findings that the conditions originally
warranting a rent reduction had been corrected.
The Commissioner finds that the Administrator's determination was
properly based on the entire record including the results of on-
site physical inspection and that the order hereunder review was
correct when issued.
THEREFORE, in accordance with the City Rent Law, the Rent and
Eviction Regulations, 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