Adm. Review Docket Number: BJ 410210-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.: BJ 410210-RO
:
GENERAL REALTY GROUP, DRO DOCKET NO.:
ZBB 430040-B
PETITIONER-OWNER : TENANT: VARIOUS TENANTS
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 20, 1987, the above-named petitioner filed a Petition for
Administrative Review against an order issued on September 15, 1987
by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New
York concerning the housing accommodations known as 146 Attorney
Street, New York, New York, wherein the Administrator found a
decrease in services and reduced the rent.
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 in the administrative appeal.
This proceeding was commenced on February 7, 1987 when the tenants
filed a complaint of a decrease in building-wide services, alleging
among other things, that there was no superintendent. The tenants
requested a reduction in rent.
A copy of the complaint was sent to the owner (The Kinsey Co.) on
February 27, 1987. The owner did not respond.
On April 21, 1987, a staff member of the DHCR conducted a physical
inspection of the subject premises and reported that the public
areas needed cleaning and no janitorial services were provided.
On September 15, 1987, the Administrator issued the order here under
review, finding, based on the foregoing inspection, that there had
been a decrease in services, and reducing the rent to the level in
effect prior to the last rent guideline increase.
In the appeal, the owner requests reversal of the order and contends
that the tenants' complaint should be dismissed. The owner states
that it is arbitrary to conclude on the basis of one inspection
which found that the public areas required cleaning that no
janitorial services were provided.
Although afforded the opportunity to do so, the tenants did not
reply to the petition.
The Commissioner is of the opinion that this petition should be
denied.
Adm. Review Docket Number: BJ 410210-RO
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply for a reduction of the legal regulated rent and the
DHCR shall so reduce the rent for the period for which it is found
that the owner has failed to maintain required services as defined
in Section 2520.6(r) to include repairs and maintenance.
While the owner questions the conclusion drawn from the inspection,
it does not dispute the finding that the public areas required
cleaning. Accordingly, the Commissioner finds that the Rent
Administrator properly determined that the owner had failed to
maintain services based on the evidence of record, including the
results of the physical inspection of the subject premises, and
correctly reduced the rent of the subject accommodation.
Furthermore, the Commissioner notes that the Administrator could
have based the rent reduction on the owner's default, for which no
excuse has been offered on appeal.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed, and
it is
FURTHER ORDERED, that the owner shall immediately refund all excess
rent arising as a result of this order, or the tenants may credit
such excess rent up to the total amount of each succeeding rent
payment until the excess has been recovered in full.
Upon a restoration of services the owner may separately apply for a
rent restoration.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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