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 19, 1988, the above-named petitioner-tenant representative
filed a petition for administrative review (PAR) of an order issued
on April 14, 1988, by the Rent Administrator, concerning the
housing accommodation known as 309 West 71st Street, Various apart-
ments, New York, New York.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
This proceeding was commenced by the filing by various tenants of
a complaint of a decrease in services dated September 8, 1987,
alleging, among other things, that the fan motor on the roof does
not operate 24 hours a day, and therefore the kitchen ventilation
An inspection conducted by a Division of Housing and Community
Renewal (DHCR) staff inspector on February 11, 1988, found that the
halls and carpeting were dirty and the carpet was torn in specified
places and the Administrator reduced the rent for these conditions.
The inspection failed to confirm the tenants' complaint regarding
the exhaust fan motor.
In the PAR, the tenant representative contends that the condition
relating to the exhaust fans still exists.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The report of inspection dated February 11, 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 City Law and Code and the Rent
and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA