Opinion
June 29, 1987
Appeal from the Supreme Court, Kings County (Pizzuto, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
Inasmuch as the respondent's determination that the petitioner owner had failed to maintain required services and that a rent reduction order was warranted had a rational basis and was in accord with applicable law, that determination will not be disturbed upon judicial review (see, Matter of Oriental Blvd. Co. v New York City Conciliation Appeals Bd., 92 A.D.2d 470, affd 60 N.Y.2d 633; Fresh Meadows Assocs. v Conciliation Appeals Bd., 88 Misc.2d 1003, affd 55 A.D.2d 559, affd 42 N.Y.2d 925). Under the circumstances of this case, the fact that one of the complaining tenants was present at the time of the agency's inspection while the petitioner was not does not require an annulment of the administrative determination (see, Matter of Concerned Citizens Against Crossgates v Flacke, 89 A.D.2d 759, 761, affd 58 N.Y.2d 919; Matter of Flynn v Flacke, 87 A.D.2d 930, 931). Thompson, J.P., Weinstein, Eiber and Sullivan, JJ., concur.