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.: FC610085RT
VERRENA CUNNINGHAM RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 4, 1991 the above named petitioner-tenant timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued November 28, 1990. The order
concerned various housing accommodations located at 1936 East
Tremont Ave., Bronx, N.Y. The Administrator granted the owner's
rent restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on April 17, 1989 by
filing a rent restoration application wherein it alleged that it
had restored services for which a rent reduction order bearing
Docket No BH610067B had been issued based on a finding that the
basement floor required cleaning.
The tenants were served with a copy of the application and
afforded an opportunity to respond. The petitioner-tenant herein
filed a response on November 15, 1989 and stated, in sum, that the
owner had not restored services and that, therefore, the
application should be denied.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on June 4, 1990. The
building was reinspected on October 31, 1990. The inspections
revealed that the basement floor was clean.
The Administrator issued the order here under review on
November 28, 1990 and granted the owner's application based on the
report of the inspector.
On appeal the tenant states, in relevant part, that the owner
has failed to correct the conditions existing in the
stairwell/basement level area and that the owner had only partially
corrected the condition of the unclean basement floor. The
petition was served on the owner on March 5, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the rent reduction order bearing
Docket No. BH610067B cited only the unclean basement floor as the
condition to be corrected. Therefore, the tenant's argument
regarding the issue of repairs to the basement /stairwell area is
irrelevant to the proceeding and must be rejected.
With regard to the issue of the unclean basement floor, the
Commissioner notes that the physical inspections were carried out
by DHCR employees who are neither parties to the proceeding nor
adversaries. Numerous prior decisions of the Commissioner have
held that the reports of DHCR inspectors are entitled to more
probative weight than the unsupported allegations of a party to the
proceeding. The tenant has failed to rebut the above described
inspectors reports. The order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations 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.
JOSEPH A. D'AGOSTA