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-420312-RO
:
S.J. LANDAU CORPORATION, : RENT ADMINISTRATOR'S
: DOCKET NO.: AL-410155-S
:
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 13, 1987, the above-named owner-petitioner filed a
Petition for Administrative Review of an order issued on July 21,
1987 by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
NY, concerning the housing accommodation known as 990 Sixth Avenue,
Apt. 19S, New York, NY, wherein the Administrator ordered a rent
reduction based on a finding of a decrease in services.
The issue in this appeal is whether the Administrator's order
was warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
This proceeding was commenced on December 3, 1986 by the
subject rent stabilized tenant filing an individual complaint of
decrease in services alleging low water pressure in the bathroom,
an inoperable intercom, defective flooring (in need of waxing), and
vermin (mice) infestation.
On December 30, 1986, the Division sent the owner a copy of
the complaint and the owner filed an answer stating, in pertinent
part, that the water pressure was adequate, further noting this
item had been inspected by the Department of Health and it had
found no deficiencies; that the intercom and alarm systems were
integrated with every apartment and were functional in all occupied
apartments; that management did not offer waxing service for the
BH-420312-RO
parquet flooring that is in place; and that extermination and post-
construction sealing repairs were being done, and problems with
rodents should have been reported to the super, who had special
materials to address this problem.
On April 14, 1987, a Division staff member conducted an on-
site inspection of the subject apartment and reported, among other
things, that there was inadequate water pressure in the bathroom
shower; that the intercom was defective (lobby could call
apartment, but not vice versa); that there was severe mice
infestation (eg, evidence of mice in the stove and radiator); and
that black glue stains on the parquet flooring needed to be
removed.
On July 21, 1987, the Administrator issued the order hereunder
review, reducing the tenant's rent to the level that was in effect
prior to the last rent guidelines increase based on a finding of a
decrease in services, citing the above-mentioned items in the
inspector's report.
In the petition for administrative review (PAR), the owner
again asserts that sealing repairs were made and exterminators were
called in, and the super should have been notified of rodent
problems; that there is normal water pressure at the building;
that the intercom and alarm systems were and are functional; and
that the stains on the tenant's floor were taken care of upon the
tenant's reporting the problem to the super. The owner further
states that many of the same complaints listed on other dockets
have been judged unfounded by the Division.
In answer to the PAR, the tenant states, in pertinent part,
that she personally removed the stains from the flooring; that she
notified the super of rodent problems but he did not come to the
apartment; that the water pressure was inadequate; and that she has
requested management several times to fix the security alarm
system, but to no avail.
The Commissioner is of the opinion that the owner's petition
should be denied.
Pursuant to Section 2523.4 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 the most recent guidelines
adjustment, and the DHCR shall so reduce the rent for the period
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.
BH-420312-RO
Review of the evidence of record shows that the Administrator
based his determination on the entire record, including the results
of the Division's April 14, 1987 inspection report which revealed
rodent infestation, inadequate water pressure, a defective intercom
system and glue stains on the tenant's floor. Therefore, the
Commissioner finds that the Administrator correctly determined that
the owner had failed to maintain services and properly reduced the
tenant's rent.
The petitioner's claim that each of the subject conditions
cited in the order were either not defective or properly attended
to fails to refute the inspector's findings to the contrary.
The petitioner's general assertion that many of the items
cited in the subject complaint were judged to be unfounded by the
Division in other dockets is made without any specificity. As
such, and given that each case is viewed on its own merits, this
assertion fails to establish error with the record.
This order is issued without prejudice to the owner's right to
file an application for a restoration of rent with the DHCR if the
facts warrant. The rent reduction remains in effect until the
owner's application is granted by the DHCR.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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