ADM. APPEAL DOCKET NO. BG - 430422 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 - 430422 RO
:
DRO ORDER NO.
AF - 430062 - B
21 E9 ASSOCIATES
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 29, 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 21 East 9th
Street, New York, New York, various apartments.
The issue herein is whether the District Rent Administrator
properly reduced the rents of the subject apartments.
The District Rent Administrator's order, appealed herein,
reduced the rents of rent stabilized apartments to the level in
effect prior to the last guideline increase and reduced the rents
of rent controlled apartments by a total of $10.00 per month based
upon inspections, which revealed the following:
1. Vestibule light and light near elevator
defective, wires exposed.
2. Two (2) balusters missing between fifth
and top floor. One (1) baluster missing
between fourth and fifth floors.
ADM. APPEAL DOCKET NO. BG - 430422 RO
On appeal, the petitioner-owner asserted, inter alia, that the
inspectors were in error; that the conditions found by the
inspectors were isolated occurrences and are considered ordinary
maintenance; that these same conditions were minor in nature and
not worthy of a rent reduction; that the owner never received
notice of the inspection and that the tenants never complained
about defective lights.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The tenants filed a Statement of a Decrease in Building-wide
Services on June 13, 1986, which shows clearly that the tenants
complained, inter alia, about the absence of lights in the entrance
vestibule and public hallways.
Additionally, the DHCR inspections held on September 26, 1986
and December 5, 1986 confirmed several of the tenants' service
deficiency allegations.
The file, however, is devoid of any credible evidence that
these deficient service items were actually corrected by the owner
before the DHCR inspections.
The Commissioner has also considered and rejects petitioner's
claims on appeal that the conditions found below are ordinary
maintenance, minor in nature and not rent-reducing items.
Defective vestibule and hallway lights and missing balusters are
serious service deficiencies worthy of the owner's attention.
These deficiencies should have been immediately corrected.
Clearly, the conditions found were not minor items that occur
normally despite ongoing maintenance or which would be addressed as
part of periodic maintenance.
Concerning the petitioner-owner's arguments that the
Administrator failed to give it notice of the inspection or the
results, the Commissioner finds that due process does not require
that the owner be informed that inspections are to take place or
that it be sent copies of the reports, with an opportunity to
rectify the condition or to respond. The owner had adequate notice
from the tenants' complaints of conditions requiring its attention.
Accordingly, the Commissioner finds that the District Rent
Administrator properly based his determination on the entire record
ADM. APPEAL DOCKET NO. BG - 430422 RO
including the results of the on-site inspections conducted on
September 26, 1986 and December 5, 1986 and properly reduced the
rents of the complaining tenants upon determining that the owner
had failed to maintain services.
The Commissioner notes that the owner's rent restoration
application was granted (BG 440039 - OR) and that the owner's
request for a prospective stay of the rent reduction order was also
granted on September 1, 1988. Accordingly, this order of denial of
the petition revokes the stay and reinstates the rent reduction
effective as of July 1, 1986 for the stabilized tenants and the
first rent payment after June 26, 1987 for the rent controlled
tenants until August 1, 1987 for stabilized tenants and the first
rent payment following January 26, 1988 for the rent controlled
tenants.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the provisions of the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the District Rent Administrator's orders be, and
the same hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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