CJ110154RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CJ110154RT
DARRELL COOPER RENT
ADMINISTRATOR'S DOCKET
NO.: CC110020B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 5, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued September 1, 1988. The order concerned various
housing accommodations located at 212-29 Hillside Avenue, Queens
Village, N.Y. The Administrator directed the owner to restore
certain building-wide services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on March 10, 1988 when 107 of
the 200 tenants joined in the filing of a Statement of Complaint of
Decrease in building-wide Services wherein they alleged that the
owner was not maintaining certain required building services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on May 6,
1988 and stated that it had alleviated the flooding condition
complained of by the tenants and restored the burner system.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on May 20, 1988 and
revealed the elevators located in the east and west wings do not
level properly and that the elevator floor indicator lights were
not operating properly for each floor. All other services were
found to have been maintained.
The Administrator issued the order here under review on
September 1, 1988 and directed the owner to restore the elevator
service. The Administrator determined that a rent reduction was
not warranted.
CJ110154RT
On appeal the tenant states that elevator leveling was not
mentioned in the complaint and that the Administrator never
addressed the issue of failure to provide adequate heat and hot
water. The petition was served on the owner on December 6, 1988
The owner filed a response on December 12, 1988 and stated
that the elevator and burner system had been repaired.
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 heat and hot water, the
Commissioner notes that the DHCR inspector reported that the hot
water temperature in the east and west wing was adequate and that
heat was not required at the time of the inspection. Therefore,
the tenant is incorrect in alleging that the Administrator did not
address these issues in issuing the order here under review. The
Commissioner agrees, based on a review of the complaint, that the
tenants did not complaint about elevator leveling. However, the
inspector found that the elevator was operating at the time of the
inspection. This report is entitled to more probative weight than
the unsupported allegations of the tenant. The order here under
review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code 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, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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