BD 110381 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.: BD 110381 RO
DISTRICT RENT ORDER
Fisher Associates DOCKET NO.: QS 000663-B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On April 22, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
March 19, 1987 by the Administrator (Gertz Plaza) concerning
housing accommodations known as 35-15 Leverich Street, Queens,
New York, various apartments, wherein the Administrator
determined that certain service, were not being provided or
maintain and as a result reduced the rents of various controlled
tenants by $9.00 per month. The rents of the stabilized tenants
were reduced to the level in effect prior to the last rent
guideline increase which commence before the effective date of
this order.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
In its petition, the owner does not question the propriety of the
Administrator's finding of a reduction in services but rather
contends, in substance, that the rent reduction ($9.00 per month)
ordered for the controlled tenants was excessive.
The Commissioner is of the opinion that this petition should be
denied.
A review of the record indicates that the Rent Administrator
properly determined the tenants' complaint of service reduction
on the basis of a physical inspection which revealed that the
owner had failed to maintain and\or provide certain required
services to wit: defective intercom system, missing light fixture
near fire escape, hallway vents inoperative, first and sixth
floor has peeling and plaster. The record further indicates that
the subject premises was exclusively occupied by stabilized
tenants and thus the owner was not aggrieved by the purported
rent decrease ($9.00 per month) as to controlled tenants. The
Commissioner finds that the Administrator properly reduced the
rents of the subject stabilized apartments at the premises.
The Commissioner notes that the rents of the stabilized
apartments were subsequently restored by the Division based upon
BD 110381 RO
the owner's restoration of the required services.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, and the New York City Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the order Administrator's order be, and the same hereby
is, affirmed except as to such portion which purports to reduce
the rent for controlled apartments, which is hereby deleted.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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