EH 210177-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 210177 RO

               ARTHUR I. KAPLAN              DISTRICT RENT
                                        ADMINISTRATOR'S DOCKET
                                        NO.: DH 210136 OR
                        PETITIONER
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  ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                
                                
      On August 20, 1990 the above named petitioner-owner filed a
Petition  for Administrative Review against an order of the  Rent
Administrator issued July 18, 1990.  The order concerned  housing
accommodations known as Apt. 4F located at 32 Pierrepont  Street,
Brooklyn,  N.Y.  The Administrator denied the owner's application
for rent restoration.

      The  Commissioner  has reviewed the  record  and  carefully
considered  that portion relevant to the issues  raised  by  this
appeal.

     The owner commenced this proceeding by filing an application
to  restore rent on August 19, 1989.  The owner stated  that  all
services  for which an order bearing Docket No. DD 210204  S  had
been issued reducing the apartment's rent had been restored.  The
tenant was served with a copy of the application and afforded  an
opportunity to respond.  The tenant responded that the  apartment
door and frame were still defective.

      The  Administrator  ordered a physical  inspection  of  the
apartment  which was conducted on April 26, 1990.  The inspection
revealed  that the door had been repaired, but that  the  repairs
were  done  in  an  unworkmanlike manner.  On May  21,  1990  the
Administrator sent the owner a request for additional information
wherein  the owner was required to prove that the proper  repairs
had  been  made.   On  June 12, 1990 the  owner  replied  to  the
Administrator's request and submitted a bill for repairs made  to
the door on August 15, 1989.  Since this repair was done prior to
the  inspection, the Administrator determined that the owner  had
not  submitted any evidence to rebut the inspector's report.  The
order here under review was issued on July 18, 1990.

     On appeal the owner again asserts that the door was properly
repaired.   A  statement from a contractor, to  that  effect,  is
annexed  to  the  petition.  The tenant filed a response  to  the
petition  on September 5, 1990 and, in sum, reaffirmed  that  the
door had not been repaired.

      After  careful  review of the evidence in the  record,  the
Commissioner  is  of  the  opinion that the  petition  should  be
denied.

     Petitioner's assertions were contradicted by the inspector's
report.  It is settled that the results of a DHCR inspection  are
entitled to more probative weight than the unsupported assertions
of  a  party  to a proceeding.  In this matter, the Administrator
gave  the owner ample opportunity to prove that the door had been
repaired in a workmanlike manner.  The owner failed to offer  the
requisite  proof  and, accordingly, the order here  under  review
must be affirmed.

     The owner may reapply for rent restoration when the door has
been repaired in a workmanlike manner.

      THEREFORE, pursuant to the Rent Stabilization Law and Code,
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.


ISSUED:



                                   
                                   JOSEPH A. D'AGOSTA
                                   Acting Deputy Commissioner

    

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