ADM. REVIEW DOCKET NO.: BH - 130255 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.:
BH - 130255 RO
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AK - 130025 B
DAVID ESHAGHPOUR
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 13, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued
on July 31, 1987, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
94-26 34th Road, Jackson Heights, New York, wherein the
Administrator determined the tenants' complaint of a reduction of
building wide service.
The Administrator's order provided for a monthly rent
reduction of $7.00 based on the results of an inspection
conducted on February 2, 1987 that confirmed infestation in
public areas ($4.00) and that incinerator rooms were dirty
($3.00).
In the appeal the owner points out that the building has
periodic exterminator service, and asserts that some tenants do
not provide access for the free exterminator service. The
owner's petition was silent with regard to the dirty incinerator
rooms.
The applicable law is Section 2202.16 of the Rent and
Eviction Regulations.
The Commissioner is of the opinion that the Administrator
properly granted rent reductions based on the results of the
inspection. Without disputing that exterminator services were
provided, they appear to have been inadequate to correct the
infestation.
The owner's further argument that the tenants failed to
provide access is without merit. The service reductions were
ADM. REVIEW DOCKET NO.: BH - 130255 RO
located in public areas.
THEREFORE, in accordance with the provisions of the Rent
Control Law and the Rent and Eviction Regulations, it is
ORDERED, that the petition be and the same hereby is denied
and that the Administrator's order be and the same hereby is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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