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.: EE130393RT
OCSAR ROLDAN ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant timely refiled a Petition
for Administrative Review against an order of the Rent
Administrator issued February 15, 1990. The order concerned various
housing accommodations located at 89-21 169th Street, Jamaica, N.Y.
The Administrator granted the owner's rent restoration application.
The owner commenced this proceeding on August 11, 1989 by
filing a rent restoration application wherein it stated that it had
restored services for which a rent reduction order bearing Docket
No. CA120053B had been issued. The Commissioner notes that the
rents had been ordered reduced based on findings of loose and
inoperative building entrance door knob and broken vestibule door
The application was served on the tenants and an opportunity
to respond was afforded. The Administrator ordered a physical
inspection of the subject building. The inspection was conducted
on February 1, 1990 and revealed that services had been fully
restored. The Administrator issued the order here under review on
February 15, 1990 and granted the application based on the
On appeal, one tenant states, in sum, that the owner has not
restored services and that an inspection should be conducted. The
petition was served on the owner on July 6, 1990.The owner filed a
response on July 10, 1990 and stated, in sum, that the petition
should be denied based on the inspector's report.
After careful review of the evidence in the record the
Commissioner is of the opinion that the petition should be denied.
The report of the DHCR inspector, which revealed that the
owner had restored services is dispositive of the issue herein. The
Commissioner deems it appropraite to rely on the report of a DHCR
inspector who is an impartial observer rather than on the
unsupported allegations of a party to the proceeding. The tenant
has not rebutted the report. The order here under review was
correctly issued and is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations for New York City 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.
JOSEPH A. D'AGOSTA