DOCKET NO.: ARL 09520 K
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.: ARL 09520-K
WISCONSIN LEASING COMPANY, D.R.O. NO.:
ZKCS-000319-B
PETITIONER
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 18, 1989, the above-named petition-owner filed a Petition
for Administrative Review against an order issued on March 26,
1986, by the Rent Administrator, Gertz Plaza, 92-31 Union Hall
Street, Jamaica, New York, concerning housing accommodations known
as Apartment 3F at 1201 Ocean Parkway, Brooklyn, New York wherein
the Rent Administrator determined that the owner had to restore a
service to the required level by correcting a "locked entrance for
the handicapped."
The issue in this appeal is whether the owner has been properly
informed of the service he was directed to restore by the Rent
Administrator.
The applicable sections of the Rent Stabilization Code are Sections
2520.6(r) and 2523.4.
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.
One tenant commenced this proceeding by filing a complaint alleging
that the owner had failed to maintain numerous building-wide
services including the allegation that the "egress-side entrance
used by Senior. Citizens, infants in carriages and the handicapped
was closed since 9/84." Thirty-one other tenants joined in the
complaint.
The tenant requested a rent reduction based upon the decrease in
services.
In answer to the complaint, the owner did not deny the allegation
regarding the side entrance being locked since September, 1984.
DOCKET NO.: ARL 09520 K
In Order Number ZKCS 000319-B, the Rent Administrator determined
that the owner was required to restore the service to the required
level by correcting the "locked entrance for the handicapped,"
however the rent reduction was denied without prejudice to the
tenant seeking damages in a court of competent jurisdiction. The
order was based on a physical inspection on February 6, 1986 which
revealed that the "entrance for the handicapped is locked."
In this petition, the owner contends that the Rent Administrator's
Order is incorrect and should be modified because the building has
no specific entrance for handicapped, all entrances to the building
are existing entrances which are locked of unlocked as the law
requires and the owner is unable to determine what "1. locked
entrance for the handicapped" means.
The Commissioner is of the opinion that this petition should be
denied for the following reasons.
As stated above, the tenant in his complaint stated in item number
"7" that "egress-side entrance used by Senior Citizens, infants in
carriages and the handicapped was closed since September 1984."
This complaint was joined in by thirty-one other tenants. The
owner while answering all the other allegations of the tenant
failed to respond to the complaint by the tenant regarding the
closed side entrance. The Rent Administrator's order dated March
26, 1986 must be read together with the tenant's written complaint
which the owner was directed by the Administrator to restore to the
tenants' use was clearly the same side entrance referred to in the
tenant's complaint. The owner was directed to restore the use of
the side entrance to the tenants. There is no confusion as to the
meaning of the order or what the owner was directed to do.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, this petition be, and the same hereby is, denied and the
Rent Administrator's order be, and the same hereby is affirmed in
accordance with the above.
ISSUED:
Joseph D'Agosta
Acting Deputy Commissioner
|
