ADM. REVIEW DOCKET NO.: BI 610008 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.:
BI 610008 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BF 610099 B
ZEF SELCA
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 14, 1987, the above-named petitioner-owner filed
a petition for administrative review. However, an examination of
the documents filed reveals that the owner was, in fact,
responding, to the tenants' complaint per Docket No. BF 610099 B,
served on the owner by the Administrator on August 31, 1987. The
documents were inadvertently assigned the above referenced PAR
docket number, and consequently were not placed in the case docket
below for the Administrator's consideration.
The PAR docket remained open and pending before and after the
Rent Administrator issued the rent reduction order on April 8,
1988. In light of the irregularity, which may have induced the
owner to consider the petition to be properly filed, the Deputy
Commissioner is considering the owner's arguments to the extent
that they address the conditions cited as bases for the rent
reductions.
The Administrator granted the rent reductions based on the
results of an inspection conducted on February 23, 1988 that
indicated that the intercom was inaudible, and that the public
halls were dirty.
ADM. REVIEW DOCKET NO.: BI 610008 RO
The owner's "answer" that the owner had recently installed a
new intercom system, does not effect or contradict the inspector's
subsequent observation that the new system was inaudible. The fact
that new equipment had been installed to improve service did not
absolve the owner from the responsibility to maintain and repair
defective equipment.
Concerning the question of building maintenance, the owner's
assertion that tenants refuse the owner access to their apartments
during working hours has no bearing on the question of the cleaning
and maintenance of public areas.
With regard to the owner's concern regarding multiple rent
reductions, the Commissioner notes that for rent stabilized
apartments, where a rent reduction order takes effect, no further
rent reduction is authorized by a separate rent reduction order.
For rent controlled tenants, specific monetary reductions are
imposed for each separate service decrease that does not duplicate
an existing rent reduction.
Only rent stabilized tenants that signed the original
complaint benefitted from the rent reduction, while all rent
controlled tenants benefitted from a rent reduction since at least
one rent controlled tenant signed the complaint. The fact that more
than one person in each apartment may have signed the complaint did
not entitle the tenants to any additional rent reductions, or
additional relief.
In fact, the rent reduction orders were issued to the tenants
of record. As the status of all the tenants was not known, the
parties were instructed to abide by the rent stabilized or rent
controlled provisions of the Law that applied to them.
There is no indication that the owner filed a subsequent
timely administrative appeal of the rent reduction order. Division
records do reveal that the Administrator denied the owner's rent
restoration application per Docket No. DB 630107 OR on August 15,
1989. An administrative appeal of that order, inaccurately
denominated by the owner as an appeal of the rent reduction order
(BF 610099 B), is currently pending per Docket No. DI 610012 RO.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the City Rent Control Law, and the City 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,
ADM. REVIEW DOCKET NO.: BI 610008 RO
affirmed. This order is issued without prejudice to the owner's
right to reapply for rent restoration as the facts may warrant, if
not already done so.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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