HE130050RT/HI130144RT
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
APPEALS OF DOCKET NOS.: HE130050RT
HI130144RT
THOMAS KILLIP RENT
HELGA DIAZ ADMINISTRATOR'S DOCKET
NO.: EF130074OR
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above referenced administrative appeals have been
consolidated as both contain common issues of law and fact.
The above named petitioner-tenants filed timely Petitions for
Administrative Review against an order of the Rent Administrator
issued April 23, 1993. The order concerned various housing
accommodations located at 83-09 Brevoort Street, Kew Gardens, 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
appeal.
The owner commenced this proceeding on June 11, 1990 by filing
an application for rent restoration wherein it stated, in sum, that
it had restored all services for which a rent reduction order
bearing Docket No. DF130131B, had been issued. The Commissioner
notes that the rents had been ordered reduced based the following
findings:
1. Inadequate lighting in lobby area,
2. Peeling paint and plaster at bulkhead walls and
ceilings, second floor wall between apartments 2C
and 2D as well as first floor wall crack between
apartments 1C and 1D,
3. Cracked pane of glass in window of laundry room,
4. Fire escape pitted with rust,
5. Hallway and compactor rooms in need of sweeping and
mopping,
HE130050RT/HI130144RT
6. Elevator does not stop level on each floor,
7. Defective intercom system with no communication
from intercom to apartments,
8. Defective tenant access door from street to garage,
9. The garbage collection located in the basement has
no ventilation and foul odors.
The Commissioner further notes that the order was modified to
delete the findings regarding the broken glass, rusted fire escapes
and elevator leveling (see Docket No. EF130103RO).
The tenants were served with a copy of the application and
afforded an opportunity to respond. Petitioner Diaz filed a
response on August 3, 1990 and stated, in sum, that the owner had
restored some, but not all of the services set forth in the rent
reduction order. Petitioner Killip did not file a response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on October 22, 1990 and
confirmed the owner's allegation to the effect that it had restored
services.
The Administrator issued the order here under review on April
22, 1993 and granted the owner's application based on the
inspector's report.
On appeal both petitioners state, in sum, that the owner has
not restored all services and that, therefore, the order here under
review was erroneously issued. The petitions were served on the
owner.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petitions should be denied.
The Commissioner finds that the Administrator's order was
correctly based on the report of the DHCR inspector. The inspector
is neither a party to this proceeding nor an adversary and the
report is entitled to more probative weight than the unsupported
allegations of the tenants. The order here under review is
affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
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ORDERED, that these petitions be, and the same hereby are,
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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