Docket No. EI 810061-RT
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.: EI 810061-RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.:YDH 810219-S
Premises: 1160 Midland
Ave.
#2D,Bronxville,
Sol Silverman PETITIONER New York
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
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 by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject premises, specifically, that the air conditioner
was defective in that it was unduly loud.
The owner answered, asserting that the air conditioner had
not been defective, but nevertheless was replaced by another air
conditioner in good working order, as tested by the building's
superintendent.
In response the tenant alleged that the substituted air
conditioner had the same defect.
Thereafter an inspection of the subject premises was
conducted by a D.H.C.R. inspector who confirmed that the air
conditioner was not unduly loud.
The Rent Administrator therefore denied the tenant's
complaint stating that the condition had been corrected.
In his petition for administrative review, the tenant states
Docket No. EI810061.RT
that the DHCR inspector was in error Specifically, that the
inspector did not put the air conditioner at the proper setting
or allow enough time for the air conditioner thermostat to cause
the compressor unit to "kick in and out" at the proper
temperature which causes loud banging noises.
The Commissioner is of the opinion that this petition should
be denied.
Despite the tenant's assertions, the physical inspection by a
disinterested staff member disclosed the complained of
conditions did not exist. The report stated that the inspector
had turned the unit down and off and then set it to maximum and
no noise was heard.
In addition, the inspector found no evidence of defects in
the air conditioner.
THEREFORE, in accordance with the provisions of the Tenant
Protection Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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