FL 120194-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.: FL 120194 RO
MAJDI H. AZZOUNI DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DF 120308 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 6, 1991 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 4, 1991. The order concerned
housing accommodations known as Apt 2F located at 48-18 48th
Street, Woodside, N.Y. The Administrator order a rent reduction
for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on June 7, 1989 wherein she
alleged the following services deficiencies:
1. Bathroom ceiling peeling
2. Living room ceiling peeling
3. Bedroom storm window frame loose
4. All window frames rotten
5. Entire apartment needs paint and plaster
6. Mice and rodent infestation
7. Living room wall bulging
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response on
July 18, 1989 and stated that the problems would be investigated
and repairs made if necessary. The owner also annexed a copy of
a letter from his attorney to the tenant living in the apartment
above that of the complaining tenant. The attorney apprised the
upstairs tenant of the fact that the owner had been seeking to
gain access to his apartment in order to make repairs and
demanded that this tenant contact the owner so that an
appointment could be scheduled to repair the leak.
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on November 7,
1991 and revealed the following:
1. Master bedroom, 2nd bedroom, living room and
kitchen window frames rotten; existence of air
seepage; bottom sashes loose; glass pane cracked
on kitchen and living room window
2. Peeling paint and plaster apartment wide
3. Evidence of roach and mice infestation in kitchen
4. Living room walls cracked in various areas
The Administrator ordered a rent reduction of $50.00 per month
based on the above report of the inspector.
On appeal the owner states that the conditions which gave
rise to the order here under review have been corrected.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The owner does not state when the alleged repairs have been
completed. If the owner contends that such repairs were
completed before issuance of the order here under review than
this statement is at variance with the inspector's report. It is
settled that the report of a DHCR inspector is entitled to more
probative weight than the unsupported allegations of a party to
the proceeding. If the repairs have been completed and services
restored after the order here under review was issued, the order
is correct and the owner's remedy is to file for rent
restoration. The Commissioner notes that such an application is
pending with the Division (see Docket No FL 120034 OR). The
order here under review is affirmed.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City 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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