ADM. APPEAL DOCKET NO. BH - 410094 - 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.:
BH - 410094 RO
:
D.R.O. DOCKET NO.:
BE - 410293 - S
NICK BRUSCO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 19, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on August 3, 1987, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 30 West
73rd Street, Apartment 2-A, New York, N.Y.
The issue herein is whether the District Rent Administrator
properly determined the maximum rent of the subject apartment at
$1.00 per month, pursuant to Section 2522.6 of the Rent
Stabilization Code.
The District Rent Administrator's order, appealed herein,
Established pursuant to Section 2522.6 that the
rent on May 12, 1987 was $1.00 per month, based
upon the owner's failure to comply with the
requirements of Section 2522.4(d), which amount
is the legal regulated rent for the housing
accommodation as of May 12, 1987, the date of
the fire which caused the tenant to vacate
involuntarily.
The order further determined that the tenant upon the payment
of $1.00 per month was entitled to be restored to occupancy of the
subject apartment.
ADM. APPEAL DOCKET NO. BH - 410094 - RO
On appeal, the petitioner-owner contended that on May 11,
1987, the subject building sustained substantial fire damage and
that as a consequence thereof, he relocated the tenant to another
building; thus rendering the subject proceeding moot.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
On May 27, 1987, the tenant filed an Individual Tenant's
Statement of Complaint of Decrease in Services.
The record demonstrates clearly that a fire occurred in the
subject apartment on May 12, 1987 and that the tenant moved to new
quarters shortly thereafter.
On June 11, 1987, the DHCR held an inspection of the subject
apartment which showed, inter alia, that although the apartment was
in reasonable overall condition with electric service being
provided - there was no gas; there was smoke damage throughout the
apartment; there was a small hole in the bathroom tiles and that
the tenant was not in occupancy.
The relevant Sections of the Rent Stabilization Code provide
in pertinent part:
2522.6 Orders where the legal regulated rent or other
facts are in dispute, in doubt, or not known, or where the legal
regulated rent must be fixed.
Where the legal regulated rent or any fact
necessary to the determination of the legal
regulated rent, or the dwelling space,
required services or equipment required to
be provided with the housing accommodation
is in dispute between the owner and the
tenant, or is in doubt, or is not known,
the DHCR at any time upon written request
of either party, or on its own initiative,
may issue an order in accord with the
applicable provisions of this Code
determining the facts, including the legal
regulated rent, the dwelling space, required
services, and equipment required to be
provided with the housing accommodations.
Section 2522.4(d) Adjustment of legal regulated rent.
ADM. APPEAL DOCKET NO. BH - 410094 - RO
(d) An owner may file an application to decrease
required services for a reduction of the legal
regulated rent on forms prescribed by the DHCR
on the grounds that:
(1) the owner and tenant by mutual voluntary
written agreement, consent to a decrease in
dwelling space, or a decrease in the services,
furniture, furnishings equipment provided in
the housing accommodation; or
(2) such decrease is required for the operation
of the building in accordance with the specific
requirements of law; or
(3) such decrease is not inconsistent with the
RSL or this Code.
The Commissioner notes that the District Rent Administrator's
order specifically noted that the tenants payment of $1.00 per
month entitled the tenant to be restored to occupancy of the
subject apartment.
The Commissioner finds, therefore, that the tenant by
relocating to a new apartment at the owner's behest, did not waive
her rights to the full protection of the Rent Stabilization Code
and that if she does not wish to return to the subject apartment
after the owner has fully restored services, the owner can rent the
apartment to another tenant at the lawful stabilized rent.
Additionally, the Commissioner finds that the District Rent
Administrator properly based his determination on the results of an
impartial inspection, which showed a number of service
deficiencies.
The Commissioner rejects the owner's argument that his
relocation of the subject tenant rendered the proceeding moot.
Accordingly, the Commissioner finds that the District Rent
Administrator properly determined that the owner was not
maintaining services and had correctly determined the rent of the
subject apartment to be $1.00 per month.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed.
ADM. APPEAL DOCKET NO. BH - 410094 - RO
Upon a restoration of services the owenr may separately apply
for a rent restoration.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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