ADM. REVIEW DOCKET NOS.: BB 410363 RO & BB 410364 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 NOS.:
BB 410363 RO
: BB 410364 RO
RENT ADMINISTRATOR'S
DOCKET NO.: ZAH 430032 B
SOUTHERN ASSOCIATES
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 9, 1987 and February 20, 1987, the above-named
owner filed petitions for administrative review of an order
issued on February 4, 1987, by a Rent Administrator concerning
housing accommodations located at 203 East 38th Street, New York,
N.Y., wherein the Administrator found that certain services had
not been maintained and ordered a rent reduction based thereon.
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.
This proceeding was commenced on August 15, 1986 by the
filing by the tenant of an application for a decrease in rent
due to decreased building-wide services, alleging that there was
no light in the entrance hallway; peeling plaster and paint, no
cleaning and cracked walls in the hallways; broken steps on the
staircase; exposed electrical wires in the entrance hall; broken
door buzzer; no intercom; inadequate trash disposal and no trash
cans.
In its response, the owner denied each of the tenant's
allegations, and alleged that the tenant improperly filed two
complaints for the same items.
On October 16, 1986 a physical inspection of the subject
apartment was carried out by the Division of Housing and
Community Renewal (DHCR). The inspector, in his report, noted
that the lights at the entrance of the building were burned out;
that there were peeling plaster and paint, dirty halls, and
cracked walls throughout the building's public areas; that there
were broken and loose stair steps throughout the staircase; that
the door buzzer and intercom were inoperative; and that there
ADM. REVIEW DOCKET NOS.: BB 410363 RO & BB 410364 RO
were no garbage cans for tenants' use.
On February 4, 1987 the Rent Administrator issued the order
here under review, finding that a diminution of services had
occurred and reducing the rent to the level in effect prior to
the last rent guideline increases which commenced before the
effective date of the rent reduction. The Administrator included
five additional tenants as tenants affected by the order.
In its petitions for administrative review, the owner
resubmitted its answer in the proceeding below. In the petition
under Docket No. BB 410363 RO, the owner included as affected
parties the five additional tenants included in the
Administrator's order. Both petitions have been consolidated
herein for purposes of this determination.
The Commissioner is of the opinion that these petitions
should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization
Code:
A tenant may apply to the DHCR for a reduction
of the legal regulated rent to the level in ef-
fect prior to the most recent guidelines adjust-
ment, 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.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner finds that the Administrator properly based
his determination on the entire record, including the results of
the on-site physical inspection conducted on October 16, 1986 and
that pursuant to Section 2523.4(a) of the Code, the Administrator
was mandated to reduce the rent upon determining that the owner
had failed to maintain services. The Commissioner finds that no
evidence to support disturbing the Administrator's determination
has been presented herein.
The Commissioner notes that by amended order, issued May 3,
1990, the Administrator removed from inclusion in the order the
five additional tenants, noting that they were tenants of another
building and had been improperly included in the order.
The Commissioner notes that in addition to the instant
complaint of building-wide service decreases, the tenant filed an
application for a decrease in rent due to decreased services in
his apartment (AH 410135 S). That individual complaint alleged
the same building-wide service reductions, but added allegations
of service deficiencies within the apartment. That complaint was
terminated based on the tenant's failure to provide access.
This order and opinion is issued without prejudice to the
owner's right to file an application with the Division for a
restoration of rent based upon the restoration of services, if
warranted.
ADM. REVIEW DOCKET NOS.: BB 410363 RO & BB 410364 RO
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
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:
ELLIOT SANDER
Deputy Commissioner
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