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.: CH210139RT
MARK E. FEINBERG ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 23, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 20, 1988. The order concerned housing
accommodations known as Apt. B located at 305 Henry Street,
Brooklyn, N.Y. The Administrator directed restoration of services
and ordered a rent reduction based on the owner's failure to
maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on October 23, 1987 by
filing a Statement of Complaint of Decrease in Services wherein he
alleged that the owner was not maintaining certain required
apartment and building-wide services. In transmitting the
complaint to the Rent Administrator, the tenant requested a
building-wide comnplaint form because several of the complaints
referred to building-wide conditions.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on December
18, 1987 wherein she stated, in sum, that required services were
being maintained or that repairs would be made.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was scheduled to be conducted on June
10, 1988. The inspector reported evidence of peeling and crumbling
plaster on the kitchen and living room walls. All other apartment
services were found to be maintained.
The Administrator issued the order here under review on August
16, 1988 and ordered a rent reduction based on the inspector's
On appeal the tenant states that the order here under review
does not mention broken entrance stairs, broken bathroom radiator
and the fact that the backyard fence is rotted and falling. The
petition was served on the owner on October 20, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
With regard to the issue of the entrance stairs and backyard
fence, the Commissioner notes that the tenant filed a complaint
alleging a decrease in apartment services. The two conditions
cited by the tenant would have to be the subject of a complaint
alleging a diminution of building-wide services which the tenant
did indeed file (Docket No. BL220030B). The Administrator
correctly did not investigate these allegations in this proceeding.
With regard to the issue of the bathroom radiator, the
Commissioner notes that the inspector investigated conditions in
the bathroom and did not confirm the tenant's allegation. The
inspector's report is entitled to more probative weight than the
unsupported allegations of the tenant. The order here under review
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA