STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ARL 11420 Q
FRANK MITTL DISTRICT RENT
NO.: QC 000411-B
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
The above named petitioner-owner filed a timely Petition for
Administrative Review against an order of the rent Administrator
issued October 1, 1985. The order concerned housing
accommodations known as apartments 1B, 1C, 2A, 3D and 4C located
at 37-18 72nd Street, Jackson Heights, N.Y. wherein the
Administrator ordered a retroactive rent reduction for failure to
maintain required or essential services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenants commenced this proceeding on February 17, 1984, by
filing a complaint alleging a diminution in required or essential
services building wide. This complaint was filed with the former
Conciliation and Appeals Board. The tenants stated, inter alia,
that there was no superintendent in the building, that there were
insufficient barrels to hold garbage and that there were no
hallway lights during the day. The complaint was served on the
owner and an opportunity was given to respond thereto.
A physical inspection of the premises was conducted on March
21, 1984 and revealed the following:
1. Failure to repair lights on outside of building
2. Stairway lights off during day
3. Garbage cans do not have covers
4. Front door lock not working.
The Administrator issued Order No CDR 01269 on December 17,
1984. A rent reduction was ordered for all rent stabilized
tenants. Although rent controlled tenants joined in the original
complaint, they were not included in the order. Instead,
separate orders, bearing the docket number set forth above, were
issued on October 1, 1985. These orders reduced the rent of all
five rent controlled tenants, by $4.00 per month, effective
December 17, 1984.
In the petition for administrative review, the owner asserts
in substance that a rent reduction is not warranted
After careful consideration of the evidence in the record,
the Commissioner is of the opinion that the petition should be
When the tenant's complaint was filed in February 1984 with
the former Conciliation and Appeals Board (CAB), that agency did
not have jurisdiction to adjudicate the rights of rent controlled
tenants. The owner, therefore, had no notice that a rent
reduction for rent controlled tenants was a possible consequence
of this complaint. Accordingly, the Commissioner finds that the
order reducing the rent for rent controlled tenants was a
violation of due process and must be revoked.
Moreover, Section 2202.2 of the Rent and Eviction
Regulations provides that "No order increasing or decreasing a
maximum rent... shall be effective prior to the date on which the
order is issued..." The order appealed herein was issued October
1, 1985 but reduced the rent effective December 17, 1984, in
violation of Section 2202.2.
Finally, the Divisions's records reveal that the owner's
rent restoration application was granted in an order issued on
November 6, 1985 effective February 1, 1985, establishing that
the conditions for which the rent was reduced were corrected
before the order appealed herein was even issued.
For all the foregoing reasons the rent reduction for rent
controlled tenants was improper.
If the owner has already complied with the Administrator's
order and arrears are due and owing by reason of this
determination of the Commissioner, the tenants may pay off said
arrears in twelve (12) equal monthly installments. Should the
tenants vacate their apartments, or have previously vacated, the
arrears are due and payable immediately.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that this petition be, and the same hereby is,
granted and that the Rent Administrator's order be, and the same
hereby is, revoked.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner