GC 230110 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.: GC 230110 RO
CHARLIE ALSTON DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FD 230289 OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 9, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 4, 1992. The order concerned various
housing accommodations located at 7 Greene Avenue, Brooklyn, N.Y.
The Administrator denied the owner's application for rent
restoration based on the owner's failure to provide access to the
building to a DHCR inspector.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner's agent commenced this proceeding on April 30, 1991
by filing an Application to Restore Rent based on the restoration
of all services for which a rent reduction order (see Docket No. DE
230008 B) had been issued.
The application was served on the tenants and an opportunity
to respond was afforded. Three tenants filed responses. One
tenant stated that his intercom did not work and that the hallways
had not been painted. The second tenant stated that the lobby
floor was in need of repair. The third tenant's response was not
relevant to the issue of rent restoration.
The Administrator ordered a physical inspection of the subject
building. The inspector attempted to gain access to the building
on January 10, 1992 but reported that the main door was locked.
The Administrator then sent a notice to the owner informing it that
the inspector would return on January 21, 1991 and requesting that
access be provided on that date. When the inspector appeared on
January 21, however, no access was afforded. The inspector
reported that a tenant who answered the intercom instructed him to
get a key to the building at the clinic on the first floor but an
GC 230110 RO
employee at the clinic said she did not have a key for the main
door of the building.
The Administrator issued the order here under review on
February 27, 1992 and ordered that the owner's application be
denied and that the proceeding be terminated based on the failure
of the owner to afford access to the inspector.
On appeal the owner's agent states that he personally was
present all day at the building on January 21, 1992 but that the
DHCR inspector did not appear. The owner asserts that an inspector
was admitted who claimed to be from the Fire Department. Two
tenants filed responses wherein they stated that services had not
been restored. The owner filed a reply on May 14, 1992 and
contradicted the tenants.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The owner's contention regarding the access issue is
contradicted by the report of the DHCR inspector who twice
unsuccessfully attempted to gain access to the building. The owner
was notified in advance that the second attempt to gain access
would be made on January 21, 1992. The inspector's report is
entitled to more probative weight than the unsupported allegations
of a party to the proceeding. The order here under review was
correctly issued and is, therefore, affirmed. This order is issued
without prejudice to the owner's right to reapply for rent
restoration, wherein the owner should give instructions on
arranging access to the inspector.
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
Acting Deputy Commissioner
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