ADM. REVIEW DOCKET NO.: BD 510050 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.: BD 510050 RT
:
DRO ORDER NO.: ZAA-410420S
MERVYN PHILLIPS - TENANT
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 6, 1987, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
March 30, 1987 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning the housing accommodation
known as 92 Morningside Avenue, Apartment 52, New York, New York
wherein the Rent Administrator determined that there had been a
decrease in services and reduced the rent to the level in effect
prior to the last rent guideline increase.
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.
The tenant commenced this proceeding on February 7,1986 by
filing a complaint of decreased services.
A copy of the complaint was sent to the owner (Ray Agoney).
In response to the complaint, the owner stated that the
tenant refused to permit access to the subject apartment.
Subsequently, a physical inspection conducted by a staff
member of the DHCR confirmed there were a number of service
deficiencies.
Based on the foregoing inspection, the Administrator
determined that a decease in services had occurred and ordered a
reduction in the rent to the level in effect prior to the last
Rent Guidelines increase.
In the appeal, the tenant seeks clarification on how to
reduce the rent when the rent paid contains no Rent Guidelines
increase.
ADM. REVIEW DOCKET NO.: BD 510050 RT
In reply, the owner asserts that the tenant has never paid a
guidelines increase and that all complaints have been resolved.
The Commissioner is of the opinion that this petition should
be granted.
Section 25-514 of the Rent Stabilization Law permits a
tenant to apply for a reduction in rent to the level in effect
prior to its most recent adjustment and mandates such rent
reduction where it is found that the owner has failed to maintain
required services. Pursuant to Division policy, in the case of
a first rent stabilized tenant, where the DHCR finds a decrease
in services, the rent is to be reduced by deducting the
applicable guidelines rate of increase on the date the lease
commenced.
The tenant herein commenced occupancy of a previously rent
controlled apartment pursuant to a one year lease commencing
December 1, 1985 and terminating November 30, 1986. The rent
reduction order was effective April 1, 1986, during the term of
this first lease. The applicable guidelines was Guidelines Order
number 17 which allowed for a 4% guidelines increase and a 7.5%
vacancy increase for a one year vacancy lease. Accordingly, the
tenant's rent is to be reduced by deducting 11.5% from the lease
rent. The owner is barred by the provisions of the Rent
Stabilization Law from collecting any further increases in rent
until the services are restored and an order is issued restoring
the rent.
Review of the record reveals that while this matter was
being pursued by the Division's Compliance Bureau, the tenant
withdrew his complaint and the owner was advised to apply for a
restoration of the rent.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is
granted, and the Rent Administrator's order be, and the same
hereby is, modified in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO.: BD 510050 RT
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