STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
WALTER KUBIT, DOCKET NO.:
PREMISES: Apt. 4-C
PETITIONER 45 Wadsworth Terrace
----------------------------------x New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant refiled a timely petition for administra-
tive review of an order issued concerning the housing accommoda-
tions relating to the above described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition.
The owner commenced this proceeding by filing an application as-
serting that it had restored and was maintaining certain services
in the subject building.
In the answer, the tenant denied the allegations set forth in the
application and asserted that all required services were not
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed that services had been restored.
The Rent Administrator found a restoration of these services and
further ordered, a restoration of the stabilization rent.
In the petition for administrative review, the tenant states in
substance, that services are deficient, that the owner made false
statements, and that the inspection was unsatisfactory. Attached
to the petition are photographs in support of the allegations of
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that probative value of the inspection
report outweighs that of the tenant's photographs which are them
selves inconclusive, and which were not submitted into evidence
during the proceeding under review.
The Commissioner notes that while the tenant questions t e find-
ings of fact the record clearly reflects those findings by virtue
of DHCR inspection which occurred on March 4, 1991.
Therefore, the Commissioner finds that the administrator properly
relied on the results of the inspection, and that, based thereon,
the administrator properly determined that the owner had restored
services and properly restored the tenant's rent.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation 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,