DOCKET NUMBER: AK-120349-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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: AK-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 owner filed a petition for
administrative review 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 reduced 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 of the above
premises because the following conditions were found:
(1) illegal living in cellar;
(2) unfit for human habitation; and
(3) no second means of egress.
Said order also stated inter 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 to the petitioner-owner a Notice of
Commencement of Vacate Proceedings. This Notice informed the owner that
pursuant to Sections 2202.22 and 2202.17 of the New York City Rent and
Eviction Regulations, DHCR proposes to establish the maximum rent for this
unit at $1.00 per month. This Notice further warned the owner that
DOCKET NUMBER: AK-120349-RO
failure to respond to this Notice within 20 days will result in the rent
reduction.
Although duly notified to do so, the petitioner-owner failed to
respond to the DHCR notice.
In the order appealed herein, the Administrator basing itself on the
Vacate Order cited above 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 is not aware
of 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 danger to life,
health or safety of the occupants and is unfit for human habitation, the
rent may be decreased for the dwelling in such amount as the
administrator deems to be necessary.
Despite the owner's assertions, the record shows that this dwelling
was found to be an illegal cellar dwelling for human habitation, without
a second egress; and that a Vacate Order was issued on April 29, 1986
against this dwelling. Although duly notified to do s , the petitioner-
owner failed to respond to DHCR's request to remedy the situation before
May 2, 1986, the effective date of the Order.
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 New York City
Rend and Eviction Regulations, 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 the same hereby, is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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