CG620145RT
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
-----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CG620145RT
HELANE S. WENDROW RENT ADMINISTRATOR'S
DOCKET NO.: BJ630092B
BJ620445B
PETITIONER
-----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on June 17, 1988, concerning the housing
accommodations known as 3260 Netherland Avenue, Apartment 2G,
Bronx, New York, wherein the Rent Administrator determined the
tenants' complaint of a reduction of building-wide services. The
tenants' complaint was processed per Docket No. BJ630092B. The
Rent Administrator's order was issued inadvertently per Docket No.
BJ620445B.
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 the petition.
The tenants commenced the proceedings by filing a complaint
asserting the owner had failed to maintain certain services in the
subject building.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, inspections of the subject building were conducted by
DHCR inspectors who found that a new elevator was in the process of
being installed, that the superintendent and his spouse lived on
the premises, that there was no evidence of a defective basement
door or of exposed wiring in the basement, that the lobby light was
satisfactory and that a new roof door had been installed. Contact
with the above-named tenant confirmed that the elevator was
operational.
The Rent Administrator, therefore, denied the relief requested and
terminated the proceedings.
The tenant filed a petition for administrative review objecting to
CG620145RT
the Rent Administrator's order, arguing that the Rent Administrator
had failed to consider that the tenants were without elevator
services for several months, that the repairs to the new roof door
was inadequate and that the on-premises superintendent fails to
provide full-time services.
After careful consideration the Commissioner is of the opinion that
the petition should be denied.
The tenant failed to establish any basis for modifying or revoking
the Rent Administrator's order, which found, based on inspections,
that the tenants were not entitled to a rent reduction because none
of the reduced services cited in the complaint were confirmed at
the time of inspection. The inspection reports, prepared by
impartial DHCR inspectors, were entitled to, and were afforded,
great weight.
THEREFORE, in accordance with the Rent Stabilization Law & Code and
the Rent & Eviction Law & Regulations for the City of New York, 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
|
