ADM. REVIEW DOCKET NO.: BC 210033-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.: BC 210033-RO
DISTRICT RENT
: ADMINISTRATOR'S DOCKET
NO.: AE 230047-B
TRUMP MANAGEMENT, INC.,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 6, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review of an order issued on February
25, 1987, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning housing accommodations known
as 1483 Shore Parkway, Brooklyn, New York wherein the
Administrator directed the restoration of services, further
finding that a rent reduction based thereon was warranted.
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.
On May 16, 1986 the tenant of Apartment 3G filed a complaint
of a reduction in services further seeking a rent reduction based
thereon. The tenant questioned, among other items, the security
of the building.
In response, the owner contended, among other things, that
the building was secure.
On December 9, 1986 a physical inspection of the subject
building was conducted by the DHCR. The inspector's report
confirmed that there was inadequate building security; the
entrance door (vestibule door) was missing the bottom panel; and
the lock could be opened through this hole; and that the basement
door was missing a lock and could be opened from the outside.
Part of the door check also was missing.
On February 25, 1987 the District Rent Administrator issued
the order here under review, finding that a diminution of services
had occurred and reducing the tenant's rent to the level in effect
prior to the last rent guidelines increase commencing before the
effective date of the order.
In its petition, the owner contends that the items for which
the rent reduction was ordered were not items contained in the
ADM. REVIEW DOCKET NO.: BC 210033-RO
tenant's complaint; that the tenant had set forth no cause of
action; that the owner had answered the tenant's complaints; and
that the owner was never advised of any allegations concerning the
vestibule and basement door.
The Commissioner is of the opinion that the owner's petition
should be denied.
Section 2523.4 of the Rent Stabilization Code provides, in
pertinent part, that a tenant may apply to the Division of Housing
and Community Renewal (DHCR) for a reduction of the legal
regulated rent to the level in effect prior to the most recent
guidelines adjustment, and DHCR shall so reduce the rent for the
period for which it is found that the owner failed to maintain
required services.
In the instant case, a review of the record, which includes
the results of a physical inspection conducted at the subject
premises, reveals that the owner failed to maintain services.
The tenant's complaint was sent to the owner on May 27, 1986,
and acknowledged by the owner in his answer of June 16, 1986. The
tenant's complaint questioned the adequacy of the security of the
building. Vestibule and basement doors that permit access from
the outside are clearly a breach of the building's security, and
such breach continued at the time of the inspection in December,
1986. The issuance of an order of rent reduction was proper,
based on the inspection.
The Commissioner notes that an application for restoration of
rent based on a restoration of services was granted to the owner
following 3 denials, on November 16, 1990.
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 District Rent Administrator's order be, and the
same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO.: BC 210033-RO
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