FL630126RT
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.: FL630126RT
THOMAS J. GALLAGHER RENT
ADMINISTRATOR'S DOCKET
NO.: EH630138B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 3, 1992 the above named petitioner-tenant
representative timely refiled a Petition for Administrative Review
against an order of the Rent Administrator issued September 24,
1991. The order concerned various housing accommodations located at
3321 Bruckner Blvd., Bronx, N.Y. The Administrator denied the
tenants' complaint of decreased building-wide services and
terminated the proceeding.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on August 30, 1990 when 27
tenants joined in filing a Statement of Complaint of Decrease in
Building-Wide Services wherein they alleged, in substance, that the
owner was not maintaining certain required building-wide services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on September
24, 1990 and stated, in sum, that it was either maintaining
required services or that it had investigated the tenants'
complaints and made the necessary repairs.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on March 1, 1991 and
revealed the following:
1. Elevator stops level on all floors,
2. Adequate lighting provided to both stairways to
roof,
3. No evidence of defective drain at front stoop
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entrance,
4. No evidence of defective cement flags in front of
building,
5. No evidence of peeling paint and plaster in public
areas or basement,
6. No evidence of defective roof wall,
7. No evidence of water seepage at public area walls
and ceilings,
8. Building entrance door is inoperative but vestibule
door lock is operative,
9. No evidence that intercom was ever connected to
basement.
The Administrator issued the order here under review on
September 24, 1991 and terminated the proceeding based on the
inspector's above described report.
On appeal the tenant representative states, in substance, that
the results of the physical inspection should be disrgarded because
the cited conditions continue to exist. The petition was served on
the owner on January 13, 1992
The owner filed a response on January 21, 1992 and stated, in
sum, that the order here under review was correctly issued and
should be affirmed.
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 DHCR employee who conducted
the above described physical inspection on March 1, 1991 is neither
a party to these proceedings nor an adversary. Numerous prior
decisions of the Commissioner have held that the report of a DHCR
inspector is entitled to more probative weight than the unsupported
allegations of a party to the proceeding. The Commissioner notes
that the tenants have failed to support their contentions with any
evidence to rebut the inspector's report.
With regard to the issue of defective elevator operation, the
Commissioner acknowledges that enforcement of applicable standards
regarding elevator operation and safety is under the jurisdiction
of the New York City Department of Buildings which has long
established, comprehensive procedures and inspection programs in
place. The staff engaged in carrying out these programs has the
necessary technical expertise to conduct periodic inspection; to
interpret and apply relevant codes, regulations and industry
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standards and to issue violations. Further, in view of the City's
greater experience with elevator enforcement, the City is in a
better position than the DHCR to determine appropriate performance
standards and ancillary equipment for elevators or varying age and
manufacture.
The Commissioner notes that a search of the Department of
Building records has revealed that no violations were issued while
the complaint was pending before the Administrator. Therefore, the
Commissioner finds that sufficient evidence does not exist to
confirm the tenant's complaint regarding the elevator. The order
here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code 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
Deputy Commissioner
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