ADM. APPEAL DOCKET NO. BG - 130234 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 APPEAL
APPEAL OF DOCKET NO.
BG - 130234 RO
:
D.R.O. DOCKET NO.
ROTHSCHILD PROPERTIES AH - 130042 - B
PETITIONER :
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.ORDER AND OPINION GRANTING IN PART PETITION FOR ADMINISTRATIVE
REVIEW
On July 16, 1987, the above-named petitioner-owner filed an
Administrative Appeal against orders issued on June 26, 1987, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 148-15
Lowe Court (a/k/a 90th Road), Jamaica, New York, various
apartments.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartments based upon a
decrease in services.
The District Rent Administrator's order, appealed herein,
found that a diminution of services had occurred and reduced the
rent of the various tenants to the level in effect prior to the
last rent guideline increase, which commenced before the effective
date of the rent reduction. The aforesaid orders were based upon
an inspection which revealed:
1. Roach and mice infestation.
2. Paint peeling in bulkhead due to leak damage.
3. Dirty lobby and corridors.
On appeal, the petitioner-owner alleged, in substance, that
the subject proceeding was withdrawn by the originating tenant on
April 14, 1987, pursuant to a Civil Court stipulation; that there
is no inspection date shown on the District Rent Administrator's
ADM. APPEAL DOCKET NO. BG - 130234 RO
order; that the tenants' roach and mice infestation complaint is
without basis; that peeling paint at the bulkhead was not a part of
the original complaint and that dirty lobby and corridors are
essentially a tenant-induced condition.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted in part.
The file reveals that the tenant of apartment 2-H, N. Persaud,
signed a stipulation agreement with the owner, on April 14, 1987,
in a proceeding in Civil court, County of Queens under Docket No.
59425/87 and that the tenant was represented by the Queens Legal
Services Corporation.
The said stipulation provided for the discontinuance of all
applications or complaints pending with the DHCR, including AH-
130042-B, the proceeding below.
Evidence submitted by the petitioner, on appeal, shows that
the District Rent Administrator was given timely notice of the
discontinuance well before the issuance of the District Rent
Administrator's order, on June 26, 1987.
The Commissioner notes that the file is absent any showing
that the tenant of apartment 2-H was acting in a representative
capacity. Therefore, the aforesaid stipulation of discontinuance
binds only tenant N. Persaud.
Accordingly, upon the facts found herein, the Commissioner
finds that the District Rent Administrator's order, pertaining to
the tenant of apartment 2-H, issued on June 26, 1987, should be
revoked.
As to the other complaining tenants, the Commissioner finds
that the administrator properly based his determination on the
entire record, including the results of the on-site physical
inspection conducted on December 2, 1986, and that pursuant to
Section 2523.4(a) of the Code, the administrator was mandated to
reduce the rent upon determining that the owner had failed to
maintain services.
Pursuant to section 2523.4(a) of the Rent Stabilization Code,
A tenant may apply to the DHCR for a reduction of the
legal regulated rent to the level in effect prior to
ADM. APPEAL DOCKET NO. BG - 130234 RO
the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is
found that the owner has failed to maintain required
services.
Required services are defined in section 2520.6(r) to include
repairs and maintenance.
Prior administrative determinations have consistently held
that due process does not require that the parties be notified of
the inspections carried out by this Division.
While the owner may indeed provide exterminator service as it
alleges, nonetheless, the efficacy of said service was found to be
deficient as evinced by the inspector's findings. The deficient
exterminator service, therefore, constitutes a diminution of
service.
Furthermore, the owner's contention, on appeal, that the
tenants caused the dirty lobby and corridors is rejected. The fact
that the conditions in question may have been caused by the tenants
does not relieve the owner of its responsibility to maintain the
public building areas.
Also, an examination of the tenants' building-wide complaint
clearly shows that they complained of water-leaks throughout the
building and the Commissioner finds, therefore, that the
petitioner's claim that the tenants had failed to specify a
complaint of peeling paint on the bulkhead must fail.
As it pertains to apartment 2-H, this Order and Opinion is
issued without prejudice to the owner's right to file the
appropriate application with the Division for a restoration of rent
based upon the restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
granted in part, and the Administrator's order pertaining to
apartment 2-H be, and the same hereby is revoked and that the
Administrator's orders pertaining to all other complaining tenants
ADM. APPEAL DOCKET NO. BG - 130234 RO
be, and the same hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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