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 May 6, 1988, the above-named petitioner-tenant filed a Petition
for Administrative Review (PAR) of an order issued on April 12,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as 261-34 Langston Avenue, Apartment 2, Glen Oaks,
New York, wherein the Rent Administrator denied the tenant's
complaint of a decrease in services.
The Commissioner has reviewed all 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 tenant of a
complaint of a decrease in services dated September 15, 1987,
alleging a leaking roof gutter, and a defective concrete stoop.
An inspection conducted by a Division of Housing and Community
Renewal (DHCR) staff inspector on February 25, 1988, revealed that
the gutter was not defective and the new concrete stoop was
completed in a workmanlike manner. The Administrator's order,
herein appealed, was based on the inspector's report. In the PAR,
the tenant states that the new stoop does not conform to the
standards of the Housing Maintenance Code, in that it has a short
step which is a trip hazard.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The report of inspection dated February 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 report of inspection in determining
the outcome in this case.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, and the Emergency Tenant Protection Act of 1974,
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