EH 130276-RT, et al.
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
APPEALS OF DOCKET NOS.:
EH 130276-RT; EH 130274-RT;
KATE RAUTENBERG, WALTER TENDLER, EH 110171-RT; EH 130107-RT
AARON DRUCKER, DOROTHY DRUCKER, RENT ADMINISTRATOR'S
AND PETER WARANOFF, DOCKET NO.:
PETITIONERS DI 130108-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The Commissioner has consolidated these petitions as they involve
common questions of law and fact.
The above-named tenants, filed timely petitions for administra-
tive review of an order issued on July 11, 1990, by a Rent
Administrator concerning various housing accommodations, in the
premises known as 64-34 99th Street, Rego Park, New York,
wherein rents were partially restored due to a partial restora-
tion of services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petitions for review.
On March 30, 1990, an on-site physical inspection of the subject
building was carried out by the Division of Housing and Community
Renewal in order to ascertain whether five cited conditions for
which rents had previously been reduced (by Order No. C 130109-
B issued on December 9, 1988) had been corrected as alleged by
the owner in its rent restoration application. The inspection
revealed that certain of the cited conditions had been corrected
and others not. Based on the inspection results the Rent Admin-
istrator ordered that rents be restored partially in the amount
of $9.50 effective August 1, 1990.
In their petitions for administrative review the tenants request
reversal of the partial rent restoration alleging inter alia that
the public halls were not painted by March 30, 1990 but during
the first week of July 1990.
After careful consideration the Commissioner is of the opinion
that these petitions should be denied.
EH 130276-RT, et al.
The Commissioner notes that the tenants' allegations as to the
date of painting of the public hallways are unsupported by any
evidence whereas the Administrator's determination is supported
by the physical inspection of the premises which was carried out
on March 30, 1990.
Accordingly, the Commissioner finds that the tenants have offered
insufficient reason to disturb the Rent Administrator's order.
The Commissioner notes, moreover, that even assuming arguendo the
veracity of the tenants' allegations as to the date of painting
(July 1990) rents were partially restored effective on August 1,
1990, the first rent payment date after the issuance of the order
under review, and not retroactive to March 30, 1990.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is
ORDERED, that these petitions be, and the same hereby are, denied
and that the Rent Administrator's order be, and the same hereby