DL 410305 RT, et al.
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.: DL 410093-RT;
DL 410305-RT; DL 410306-RT;
DL 410307-RT; DL 410308-RT;
VARIOUS TENANTS OF DL 410309-RT; DL 410310-RT;
145 WEST 55TH STREET DL 410311-RT; DL 410312-RT
NEW YORK, NEW YORK RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONERS DE 410159-OR
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On December 5, 1989, the above-named petitioner-tenants filed
Administrative Appeals against an order issued on October 31,
1989, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 145 West 55th Street, N w York, N.Y., Various apart-
ments.
These proceedings are being consolidated as they involve common
grounds of law and fact.
The issue herein is whether the District Rent Administrator
properly restored the rent of the subject apartments.
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 petitions for review.
The District Rent Administrator's order, appealed herein, granted
the owner's application for a restoration of rents, based upon a
restoration of services and restored the rent to the level in
effect prior to the rent reduction, effective July 1, 1989.
On appeal, the petitioner-tenants asseverate that the garbage
system used by the owner is inadequate; that the intercom does
not work consistently and further that hot-water is not ade-
quately provided.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative
appeals should be denied.
DL 410305 RT, et al.
On March 30, 1990, the owner filed an answer to the tenants'
petitions alleging, in substance, that all service deficiencies
were corrected.
The record clearly shows that the District Rent Administrator in
granting the owner's restoration application, based his findings
on the results of an inspection held by the Division of Housing
and Community Renewal, on October 16, 1989.
The inspector's report showed that garbage cans were placed on
each floor; that the doorbells were working properly and further
that hot-water was being adequately provided.
The Commissioner notes that while the tenants question the
findings of the fact, the record clearly reflects those findings
by virtue of the DHCR inspection which occurred on October 16,
1989.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site inspection conducted on October 16, 1989, and that the
Director properly restored the rent upon determining that the
owner had restored services.
The tenants are reminded that the Administrator's order by which
they are aggrieved specifically reserved them the right to file
hot-water service complaints if the problem reoccurred and the
Division's records reveal that no such complaints have been
filed.
This order is issued without prejudice to the tenants' continuing
right to file appropriate applications for rent reductions, if
the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that these petitions for administrative review be, and
the same hereby are, denied, and the order of the District Rent
Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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