DOCKET NO.: BG 410112 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.: BG 410112 RO
BARBARA CHUPA DRO DOCKET NO.:
ZAK 430032 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATION REVIEW
On July 23, 1987 the above-named petitioner owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued June 23, 1987. The order concerned housing
accommodations located at 125 2nd Avenue, New York, NY. The
Administrator ordered a rent reduction for rent controlled and
rent stabilized tenants due to the owner's failure to maintain
building-wide services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on November 3, 1986 when
fourteen tenants joined in the filing of a complaint of decreased
building-wide services. The tenants complained of the following
services
1) broken outside front door lock
2) no heat or hot water
3) exposed electrical wiring
4) plaster and asbestos dust throughout building
5) no light by garbage disposal area
6) electricity shut down without prior notice
7) drug peddlers allowed to urinate in hallways
8) hallways in need of paint and plaster
9) no building superintendent
DOCKET NO.: BG 410112 RO
The owner was served a copy of this complaint and afforded
an opportunity to reply. A reply was received on December 22,
1986 wherein the owner stated
1) new exterior and vestibule doors had been
installed
2) new boiler installed, chimney repaired, fuel
delivered automatically
3) extensive renovation of 1st floor being done with
halls mopped at end of each day
4) electrical repairs necessitated lights be shut
down for brief time period
5) superintendent in Apt. #3
The tenants filed a further response to the owner's reply on
January 21, 1987 wherein they reaffirmed the allegations of the
complaint.
The Administrator ordered a physical inspection of the
building. The inspection took place on February 10, 1987 and
revealed the following:
Ground floor public hallways with exposed wiring
Plaster peeling in ground hallway ceilings with beams
exposed
Public areas required cleaning
The Administrator issued the order appealed from on June 13,
1987. A rent reduction of $10 per month was ordered for rent
controlled tenants. Rent Stabilized tenants received a reduction
to the rent in effect prior to the last rent guideline increase
commencing before January 1, 1987.
On appeal the owner states "copy of NYC Dept. of Building
Permit #1010 issued 1/28/87 is attached." No other objection or
grounds for reversal was stated. The tenants filed a response on
September 23, 1987 wherein, in sum, they again affirmed the lack
of services and requested that the Administrator's order be
affirmed.
After careful consideration of the evidence in the record
the Commissioner is of the opinion that the petition should be
denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code
DOCKET NO.: BG 410112 RO
and Section 2202.16 of the Rent Eviction Regulations a rent is
authorized based on a finding that the owner has failed to
maintain essential or required services which are defined to
include repairs and maintenance.
The owner has provided no valid grounds for reversal of the
Administrator's order. Merely producing a NYC Department of
Buildings Permit without explanation as to the work this permit
pertains to or its bearing on the tenants' complaint does not
rebut the findings of the inspector nor the tenants' repeated
assertions that required services are not being maintained. It
is settled that the inspector's findings which establish that a
rent reduction is warranted are entitled to great probative
weight and are not rebutted by the assertions of a party to the
proceedings.
THEREFORE, pursuant to the Rent Stabilized Law and Code and
the Rent and Eviction Regulations it is
ORDERED, that this petition be, and the same hereby is
is denied and that the Rent Administrator's order be, and the
same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
DOCKET NO.: BG 410112 RO
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