STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BIJU REALTY COMPANY,
PETITIONER LCS 000186-B
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 28, 1987, the above-named owner, filed a petition for
administrative review of an order issued on March 24, 1987 by a
Rent Administrator concerning various housing accommodations in the
premises known as 945 West End Avenue, New York, New York.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition for review.
This proceeding was originally commenced by the tenants' filing of
a complaint of decreased services.
On March 24, 1987, the Rent Administrator issued the order appealed
herein which reduced the rents of various apartments, by $3.00 for
controlled apartments and by a guideline for stabilized apartments,
to reflect a dirty courtyard.
In its petition the owner requests reversal of the Administra-
tor's order asserting in substance and pertinent part, that a dirty
courtyard was not among the items included in the tenants' original
complaint, but that a sideyard was mentioned. The owner thereby
asserts that it was a denial of its due process rights to reduce
the rents for the finding of a dirty courtyard.
Several tenants answered the owner's petition. One tenant states,
in substance and pertinent part, that the owner was on notice that
the grounds generally were dirty and that the owner is relying on
semantics in an attempt to have the rent reduction revoked.
Another tenant states, in pertinent part, that the Tenants'
Association had, prior to filing a formal complaint with the
agency, notified the owner that the courtyard was dirty.
The Commissioner is of the opinion that the owner's petition for
review should be granted.
The record indicates that the tenants, in their original com-
plaint, did not mention a dirty courtyard. Accordingly, the owner
was not put on notice that a dirty courtyard was among those items
for which the tenants filed their complaint. The Commissioner
finds that the rents were reduced erroneously and in violation of
the owner's due process rights. Accordingly the Commissioner is of
the opinion that the order, under Docket No. LCS 000186-B, should
The Commissioner notes that the Rent Administrator issued an order
on March 11, 1988 restoring the rents.
The tenants are advised that the rent reduction herein revoked
covered the periods from about April 1, 1987 through April 1,
1988 for rent controlled units and from December 1, 1984 through
July 1, 1987 for rent stabilized units.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted,
and that the order of the Rent Administrator, under Docket No.
LCS 000186-B, be, and the same hereby is, revoked, and it is
FURTHER ORDERED, that if the owner has already complied with the
Rent Administrator's order and there are arrears due to the owner
as a result of the instant determination, the tenants shall be
permitted to pay off the arrears in twelve monthly installments.
Should any one of the tenants vacate after the issuance of this
order or have already vacated, said arrears shall be payable
JOSEPH A. D'AGOSTA