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.:ED110334RT
Murray Ginsberg, RENT ADMINISTRATOR'S
833 Central Ave.
Far Rockaway, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on April 17, 1990 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding on January 19, 1990 by filing
a complaint asserting that there are noises in the subject apartment
from the roof fans, from 10:00 AM for two hours and again from 8:00
PM for two hours.
In answer, the owner asserted in substance that the fans on the roof
are "necessary to withdraw odors and fumes from the kitchens and
bathrooms of all apartments in the building"; and that the tenant
being on the top floor may be overly sensitive. The owner alleged
that this complaint was made before and already dismissed by the
On March 19, 1990, from 11:45 AM to 12:00 noon, a physical
inspection of the subject apartment was conducted by a DHCR staff
member who reported that there was no noise in the apartment .
By an order dated April 17, 1990, the Administrator terminated the
In this petition, the tenant contends in substance that after the
inspector left, the noise started.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The tenant's complaint alleged in pertinent part that
there are noises in the subject apartment from the roof fans, from
10:00 AM for two hours. The tenant's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the findings of inspection which occurred on March 19, 1990, from
11:45 AM to 12:00 noon. Accordingly, the Administrator's
determination to terminate the proceeding was not an abuse of
discretion and the order appealed from was in all respects proper
and is hereby sustained.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA