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.: AD-120349-RO
:
RAMON C. TOCA, DRO DOCKET NO.: ZAD-110006-AV
PETITIONER :
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ORDER AND DETERMINATION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 19, 1986, the above-named petitioner filed a Petition for
Administrative Review (Petition) against an order issued on October 20,
1986, by the District Rent Administrator at Gertz Plaza, 92-31 Union Hall
St, Jamaica, NY, concerning the cellar apartment at 108-37 48th Avenue,
Corona, NY 11368.
The Administrative Appeal is being determined pursuant to the
provisions of Sections 2202.22 and 2202.17 of the New York City Rent and
Eviction Regulations.
The issue herein is whether the Administrator properly determine to
reduce the rent due to failure to maintain services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the issues
raised by the administrative appeal.
On April 29, 1986, a Vacate Order was issued by the Department of
Housing Preservation and Development against the owner's of the above
because the following condition were found:
(1) illegal living in cellar
(2) unfit for human habitation; and
(3) no second means of
Said order also stated ijiter alia that effective May 2, 1986, the owner
must correct these conditions and the tenant must vacate this dwelling.
On August 11, 1986, DHCR mailed a Notice of Commencement of Vacate
Proceedings to the petitioner-owner that pursuant to Sections 2202.22 and
2202.22 and 2202.17 of the New York City Rent and Eviction Regulations,
DHCR prepares to establish the maximum rent for this unit at $1.00 per
month. This Notice further warned the owner() that failure to respond to
this Notice within 20 days will result in rent reduction.
Although duly notified to do so, the petitioner-owner failed to do
so.
In the order appealed herein, the Administrator busing itself
determined that the maximum rent as of May 2, 1986 is $1.00 per month.
In this petition, the owner alleged in substance that he not aware
if any complainant tenant in the cellar apartment because the lease in
that apartment expired on September 30, 1986.
The Commissioner is of the opinion that this petition should be
denied.
Sections 2202.17 and 2202.22 of the New York City Rent and Eviction
Regulations provide that where a Dwelling constitutes a dangers to life,
health or safety of the occupants and is unfit for human habitation, the
rent may be decrease for this dwelling in such amount as the administrator
deems to be necessary.
Despite the owners's assertive that record shows that this dwelling
was found to be an illegal cellar dwelling for human habitation, without
a second eggress; and that a Vacate Order was issued on April 29, 1986.
Although duly notified to do so, the petitioner-owner failed to respond to
DHCR's request to remedy the situation before May 2, 1986 effective date
of vacate Orders.
Accordingly, the Administrator properly determined pursuant to
Sections 2202.22 and 2202.17 cited above that as of May 2, 1896, the
maximum rent should be $1.00 per month.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this Petition for Administrative Review be, and the
same hereby is, denied, and that the order of the Rent Administrator be,
and same hereby, is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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