BC 230370 RT
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 230370 RT
PAULINE COHEN-TENANT,
DRO DOCKET NO.: KCS 000231 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 17, 1987, the above-named petitioner timely refiled a
Petition for Administrative Review, which had been previously
rejected under Docket Number AI 230051 RT, against an order
issued on March 24, 1986 by the Rent Administrator, 92-31 Union
Hall Street, Jamaica, new York concerning the housing
accommodations known as 820 Ocean Parkway, Brooklyn, New York
wherein the Administrator terminated the proceeding.
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 June 7, 1985, a tenant (Sidney Cohen), joined by 29 additional
tenants, commenced this proceeding by filing a complaint of a
decrease in building-wide services. The tenants alleged as had
35 tenants in a previous complaint, that the owner had failed to
maintain the incinerator rooms, the north laundry room and the
ground floor service halls. The tenants requested a rent
reduction retroactive to conform with the order issued under
Docket Number KCS 000021 B granting a rent reduction to thirty
five tenants.
A copy of the complaint was sent to the owner (Lascap Realty
Corp.) on May 6, 1985.
On June 7, 1985, the owner responded that the complained of
conditions had been corrected.
On March 6, 1986, a staff member of the Division of Housing and
Community Renewal (DHCR) conducted a physical inspection of the
subject premises. The inspector found no defective conditions in
the areas named in the complaint.
On March 24, 1986, based on a determination that an inspection
had disclosed that the conditions had been corrected, the
Administrator issued the order terminating the proceeding.
BC 230370 RT
In the petition, the tenants contend that they had, and continue
to suffer, the same reductions in services as the complainants in
the prior order. The tenants further contend that despite the
inspection of March 6, 1986, the prior rent reduction order has
not been rescinded. The tenants reiterate their request to
receive the same rent reduction for the same time period as the
other 35 tenants.
Although afforded the opportunity to do so, the owner did not
respond to the petition.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the Code makes no provision for the
type of retroactive relief requested by the tenants. There is no
Code provision which would permit the tenants to join in a
complaint after the determination has been made and the order has
been issued.
The Commissioner finds that the Administrator properly based its
determination on the entire record, including the results of the
on-site physical inspection conducted on March 6, 1986.
A review of the Division's records discloses that a rent
restoration was granted to the owner on May 12, 1988 under
Docket Number CD 210001 OR.
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.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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