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. BE 110064 RO
: DRO DOCKET NO. ZAC-110760-S
BOULEVARD HEIGHTS ASSOCIATES
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 4, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
April 23, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 88-05 Merrick Blvd., Queens, New York, Apartment No. 9G,
wherein the Rent Administrator determined that the owner had
failed to maintain services and accordingly reduced the rent of
the subject accommodation.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2523.4 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order
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 issue raised by the administrative appeal.
This proceeding was originally commenced in March, 1986, by
the filing of an Individual Tenant Statement of Complaint in
which the tenant stated in inter alia that there was rodent and
roach infestation and that the bedroom closet door was
inoperable. The owner did not file an answer to the tenant's
complaint although given an opportunity to do so.
Inspections were held at the subject apartment on August 20,
1986 and February 20, 1987. Such inspections disclosed that
there was evidence of vermin infestation and the bedroom closet
door was off its track.
In Order Number ZAC-110760-S, the Rent Administrator
determined that, based upon the physical inspection, a service
decrease had occurred in the subject apartment and reduced the
rent to the level in effect prior to the most recent guideline
adjustment effective May 1, 1986.
BE 110064 RO
In this petition, the owner alleges in substance that it
provides extermination service twice a month but that the tenant
is apathetic about using such service and that the tenant has
refused to allow access to have the bedroom closet repaired.
The Commissioner is of the opinion that this petition should
be denied.
Section 2523.4 of the Rent Stabilization Code provides in
pertinent part that a tenant may apply to the DHCR for a reduction
of the legal regulated rent to the level in effect prior to the
most recent guidelines adjustment, and the DHCR shall so reduce
the rent for the period for which it is found that the owner ha
failed to maintain required services.
In the instant case, the evidence of record including two
physical inspections disclosed that the required repairs were not
made. It is noted that the owner did not raise the issues of non
access and tenant failure to use extermination service in the
proceeding before the Rent Administrator and that these
contentions cannot be considered for the first time on appeal
since this is not a de novo proceeding. Accordingly, the Rent
Administrator's order was warranted.
It is noted that on March 24, 1989, an order restoring the
rent effective November , 1988 was issued under docket ZCI-
110015-OR.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BE 110064 RO
DRO Docket No/Order No.: ZAC-110760-S
Tenant(s): Julius and Thelma Carter
Owner: Boulevard Heights Associates
Code Section: 2523.4 of RSC
Premises: 88-05 Merrick Blvd., Queens, New York, Apt. 9G
Order and Opinion Denying Petition
Petition denied on basis physical inspection disclosed
required repairs were not made.
APPROVED
Processing Attorney:
Supervising Attorney:
Director:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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