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.: CE110158RT
DOCKET NO.: BJ110004OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 23, 1988, the above-named petitioner-tenant filed a petition
for administrative review of an order issued on April 27, 1988 by
the Rent Administrator, concerning the housing accommodations known
as 22-88 Mott Avenue, various apartments, Far Rockaway, New York,
wherein the Administrator restored the rent that had been reduced
under a previous order.
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 the owners of an
application to restore rent dated September 28, 1987, wherein the
owner alleged that hot water service, for which an order reducing
the rent was issued on September 23, 1987, had been resumed.
An inspection conducted by a DHCR staff inspector on January 25,
1988 found that the kitchen and bath hot water was adequate at the
time of inspection, resulting in the issuance of the order herein
In the PAR, the tenant representative alleges, in relevant part,
that the condition of inadequate hot water has not been corrected.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Applicable law does not require, nor is it the policy of this
Division to conduct multiple inspections to verify a particular
condition or its absence.
The report of inspection dated January 25, 1988, by an employee of
the Division who is not a party to the proceeding was properly
placed in the record for consideration by the Administrator. The
Commissioner notes that the report of the Agency's inspector has
greater probative value than the assertions of a party to the
proceeding. The Commissioner finds that it was proper for the
Administrator to rely on the results of the one inspection in
determining 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