EH 210201-RO
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.: EH 210201 RO
HEIGHTS MANAGEMENT DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: CL 210384 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 21, 1990 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued May 2, 1990. The order concerned
housing accommodations known as Apt. E20 located at 7901 Fourth
Avenue, Brooklyn, N.Y. The Administrator ordered a rent
reduction based on decreased services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on December 12, 1988. She
alleged that that the walls and ceilings of her apartment were
cracking and the plaster falling. She also alleged a water leak
in the bathroom, causing the wallpaper to peel. The owner was
served with a copy of the complaint and afforded an opportunity
to respond.
The owner failed to respond to the complaint. The
Administrator ordered a physical inspection of the subject
premises. The inspection was conducted on March 2 and March 13,
1990 and revealed that plaster and painting were done in an
unworkmanlike manner. The Administrator issued the order here
under review on May 2, 1990. Subsequent thereto, on April 9,
1991, the Administrator issued an Amended Order which corrected
the tenant's status, stated a monetary amount of the reduction,
and changed the effective date of the reduction. None of these
changes are germane to the issues raised by the petition
currently pending before the Commissioner.
On appeal, the owner requests that the premises be
re-inspected and states that the work was done in a workmanlike
manner. The tenant filed a response on September 17, 1990
wherein she disputed the owner's allegations. She stated that
nothing had been done to rectify the condition.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
Any statements made by the owner regarding repairs done to
the apartment after the Administrator issued the order here under
review are irrelevant to the issue of whether the Administrator's
order was correct as issued. If the owner believes that services
have been restored, the appropriate action is to file for rent
restoration. If the owner's assertions are a challange to the
Administrator's findings, this too must be denied. The
Administrator based the order here under review on the report of
the inspector and it is settled that the inspector's findings are
entitled to more probative weight than the unsupported assertions
of a party to the proceeding. The Administrator's order, as
modified, is affirmed.
THEREFORE, pursuant to the Rent and Eviction Regulations it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order, as modified, be,
and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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