BH410301RT
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.:
BH410301RT
HANS R. REINISCH,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER LS000510B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review (PAR) of an order issued concerning the housing accommoda-
tion known as 155 West 68th Street, Apartment 2028, New York,
New York.
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 petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had illegally demolished an enclosed
garbage storage area and converted it to a store, with the result
that garbage is now stored in basement hallways, attracting vermin
and rodents.
In an answer, the owner asserted in pertinent part, that the former
garbage storage area was in an independently owned commercial unit,
that garbage is now deposited in a locked "air conditioned" room in
the B-3 level of the building's garage, and that there has been no
change in the manner in which residential tenants dispose of their
garbage by depositing it in compactor chutes.
Thereafter an inspection of the subject building was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
reported that there was no evidence of garbage accumulation in any
hallway and no evidence of infestation.
The Rent Administrator denied the tenant's application based upon
the physical inspection.
BH410301RT
In his petition the tenant contends in pertinent part, that the
commercial unit owner had no right to use the garbage storage area
which was an amenity provided to residential tenants, that the
sanitation trucks used to back into this area to pick up the
garbage, but that now the plastic garbage bags are placed on the
sidewalk on pick-up days, becoming an obstacle to pedestrians and
an attraction to street people and rodents.
The DHCR served a copy of the petition on the owner on December 2,
1987.
The owner interposed an answer which stated that the tenant's
petition neither raises any errors of fact or application of
regulations nor any reasons for modifying or revoking the Adminis-
trator's order.
After careful consideration, the Commissioner is of the opinion
that the administrative appeal should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. The tenant's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was maintaining required services based
on the physical inspection which found that there was no accumula-
tion of garbage in public areas or infestation of vermin or
rodents. The relocation of a garbage storage area that does not
alter the manner in which tenants dispose of their garbage does not
constitute a reduction in services.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby, is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
BH410301RT
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