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.: GG420270RT
ERIKA LANDESBERG, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: FG420504S
PETITIONER PREMISES: 51 West 86th. St.
Apt. No. 904
New York, 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 July 9, 1992 concerning the housing
accommodations relating to the above-described docket number,
wherein the Administrator terminated the proceeding based on a
finding that the water coloration in the bathroom and the kitchen is
The issue in this appeal is whether the Administrator's order was
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 this administrative appeal.
This proceeding was commenced on July 24, 1991 by the tenant filing
a complaint which asserts, in relevant part, that the water in the
kitchen and the hot water in the bathroom are polluted and that
various inspections confirm the existence of these conditions.
On August 5, 1991, DHCR transmitted a copy of the tenant's complaint
to the owner.
In an answer dated August 22, 1991, the owner stated that all items
comnplained of by the tenant had been rectified.
Thereafter, on June 15, 1992, a physical inspection of the subject
apartment was conducted by a Division staff member who reported, in
relevant part, that the water coloration in the bathroom and the
kitchen is satisfactory.
Based on this inspection, the Administrator terminated on July 9,
1992 the proceeding.
In the petition for admininstrative review, the tenant contends in
substance that the polluted water continues to exist and is a health
On August 12, 1992, DHCR mailed a copy of the tenant's petition to
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Administrator's determination was based on a staff inspector's
report which found that the water coloration in the bathroom and the
kitchen is satisfactory. The Administrator properly relied on an
impartial report of a staff inspector who is not a party to this
proceeding. The determination was in all respects proper and is
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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