BJ110264RO; BJ310002RT
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
APPEALS OF DOCKET NOS.:
BJ110264RO; BJ310002RT
FRESH MEADOWS ASSOCIATES,
Petitioner-Owner
and
FRESH MEADOWS TENANTS ASSOCIATION, RENT ADMINISTRATOR'S
DOCKET NO.:
Petitioner-Tenants AK110088B
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ORDER AND OPINION DENYING OWNER'S AND TENANTS' PETITIONS
FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued on September 10, 1987, concerning
the housing accommodations known as The Fresh Meadows Complex,
Queens, New York, wherein the Rent Administrator determined that
certain conditions found in the playground areas constituted
services decreases.
The above-named tenants also filed a petition for administrative
review challenging the Rent Administrator's determination.
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 petitions.
The tenants commenced these proceedings by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject complex.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
BJ110264RO; BJ310002RT
Thereafter, an inspection of the subject premises was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed that the Area C playground black-top surface and the
basketball court had numerous cracks.
The Rent Administrator directed the owner to restore the services
to the required level, but did not order rent reductions.
In its petition for administrative review, the owner, in substance,
reiterates arguments below that the cracks were a normal occur-
rence, did not represent a hazardous condition, and did not
constitute a services reduction.
In their petition, the tenants contend that the order should have
reflected that most of the playground and basketball courts, des-
ignated Areas A, B and C, exhibited disintegration and cracking,
and that the order should have treated the facilities on a complex-
wide basis and required the owner to resurface and repair all
recreational facilities, as needed.
The owner's petition does not establish any basis for modifying or
revoking the Rent Administrator's order, which determined that the
owner was not maintaining certain required services based on a
physical inspection confirming the existence of defective condi-
tions in the subject premises.
As to the tenants' request that resurfacing and repair of the
recreational areas should have been ordered complex-wide, rather
than in a limited area, the Commissioner notes that the Rent
Administrator's determination was based on the impartial observa-
tions of the DHCR inspector, which were entitled to, and afforded,
great weight.
The tenants' suggestion that the owner landscape and introduce
matting in the playground areas constitutes a request for new addi-
tional services, not pertinent to services reduction proceedings.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, and the Emergency Tenant Protection Act of 1974,
it is
BJ110264RO; BJ310002RT
ORDERED, that these petitions be, and the same hereby are, denied,
and that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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