Docket Number: AJ-410349-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. AJ 410349-RO
:
JONATHAN A. LANDERS DISTRICT RENT ADMINISTRATOR
DOCKET NO. LCS000393-B
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 20, 1986, the above-named owner filed a petition for
administrative review of an order issued on September 15, 1986 by a
District Rent Administrator concerning various housing accommodations in
the premises known as 222 East 10th Street, New York, New York.
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 for review.
On April 9, 1985, several tenants filed a complaint alleging various
decreases in required services.
On or about April 11, 1985, the District Rent Administrator served a copy
of the tenants' complaint upon the owner and afforded him an opportunity
to answer.
In his answer, dated April 17, 1985, the owner denied that there were any
reductions in service.
A physical inspection was conducted by an agency inspector on June 23,
1986. The report of this inspection indicates that the hallways and
stairways needed mopping and sweeping.
On September 15, 1986 the District Rent Administrator issued the order
here under review, reducing the regulated rents based upon a finding that
the public areas were in need of cleaning.
In his petition for administrative review, the owner asserts, in
substance, that there is no inspection report in the file indicating that
the public areas were in need of cleaning; that he never received notice
of the condition before the order was issued, and that other inspections
showed that the owner keeps the public areas clean.
After careful consideration the Commissioner is of the opinion that the
petition for review should be denied.
With regard to the owner's first allegation, the Commissioner notes that
the file does contain an inspection report indicating that the public
areas were in need of cleaning. As to the issue of notice, the record
shows that the owner was served with a copy of the tenants' complaint,
which alleged as follows: "Hallways and other public areas are filthy and
Docket Number: AJ-410349-RO
not regularly cleaned." As to the owner's allegation regarding other
inspections, the Commissioner notes that the District Rent Administrator's
order was based upon the inspection conducted in this proceeding, which
disclosed that the required service of keeping the public areas clean was
not being maintained. The Commissioner further notes the owner's failure
to specify the inspections referred to in his petition or to submit copies
of reports of any such alleged inspections. Accordingly, and based upon
the entire evidence of record, the Commissioner is of the opinion that the
petition for review should be denied.
THEREFORE, in accordance with the City Rent and Rehabilitation Law, the
Rent and Eviction Regulations, and the Rent Stabilization Law and Code, it
is
ORDERED, that this petition be, and the same hereby is, denied, and that
the District Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|