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.:
PETITIONER DA 430006-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 4, 1990, the above-named petitioner-owner filed a
petition for administrative review of an order issued on December
15, 1989, by the Rent Administrator, concerning the housing
accommodation known as 323 West 74th Street, New York, New York,
wherein the Administrator ordered a rent reduction upon a finding
of a decrease in services building-wide.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing of a complaint al-
leging, among other things, that no garbage cans are provided for
the tenants' use and that there is inadequate water pressure.
On November 13 & 14, 1989, a Division staff member made a physical
inspection and reported that no garbage cans were provided for
tenants' use and that tenants put their garbage on the sidewalk.
With regard to water pressure, the inspector was unable to gain
access to one apartment, a second tenant cancelled the appointment,
and a visit to the third apartment revealed adequate water pres-
sure. As a result an order reducing the rent on the basis of a
decrease in services building-wide for inadequate trash collection
was issued on December 15, 1989.
In the PAR, the owner contends that there are three trash cans for
the three tenants in the building, that it is sufficient for a 72
hour period as required by law and that the Division's inspector
failed to notice the garbage cans because on days of non-collection
they are stored at the bottom of the stairs by the basement
entrance. The owner submitted a snapshot of the garbage cans. The
owner also says that the inspection may not have been properly
conducted and may have actually occurred at a Bronx address which
was erroneously typed by Division personnel on the "List of Tenants
Affected by This Order", a separate page accompanying the order.
All tenants filed answers to the owner's PAR, each saying that the
garbage cans were not provided until after the Administrator's
order was issued.
The Commissioner is of the opinion that the owner's petition should
be denied. The inspection report was prepared by a Division
employee who is neither a party to the proceeding nor an adversary
to the owner or tenants. The report is signed and dated and was
properly placed in the record for the Administrator's considera-
tion. The owner is correct that a supplemental page attached to
the Administrator's order showed a wrong address. However, this
would have had no bearing on the inspection since the typing error
occurred after the date of inspection. The inspection report it-
self bears the correct address. The snapshot submitted is undated
and shows three garbage cans; one designated for recyclables, bears
the address of the building and one other bears an address which is
hidden from view. Had the can been turned around to reveal the
building number, this piece of evidence would have been all the
more compelling, but not determinative.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA