DOC. NO.: BJ 110287-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. BJ 110287-RO
JOSEPH FERNANDEZ DISTRICT RENT ADMINISTRATOR'S
c/o GALLAN AGENCY, : DOCKET NO.: BA 130030-B
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR
ADMINISTRATIVE REVIEW IN PART
On October 26, 1987, the above-named Petitioner-owner filed a Petition
for Administrative Review of an order issued on October 9, 1987, by
the District Rent Administrator at Gertz Plaza, Jamaica, New York
concerning the housing accommodations known as various Apartments at
31-06 38th Street, Astoria, New York wherein the Administrator
directed the restoration of services, further finding that a rent
reduction based thereon 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 petition for administrative review.
On January 27, 1987, D. Gregory, of apartment 23, joined by eight
other rent controlled tenants, filed a complaint of a reduction in
services further seeking a rent reduction based thereon. The tenants
alleged, among other things, that the garbage cans were old and the
covers did not fit.
In its answer, the owner in substance, denied the allegations set
forth in the tenants' complaint or otherwise asserted that all
deficiencies in required services had been or would be corrected.
On March 27, 1987, a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report,
confirmed that there were inadequate garbage can covers.
On October 9, 1987, the Rent Administrator issued the order hereunder
review finding that a diminution in services had occurred and reducing
the tenants' rent by $5.00 per month.
DOC. NO.: BJ 110287-RO
In its Petition, the owner, in substance, argues that it was not
adequately apprised of a claim relating to garbage can covers, the
owner never received a summons for inadequate garbage can covers from
the Sanitation Department and $5.00 per month is an excessive
reduction for this condition.
In an answer to the Petition, D. Gregory asserts, in substance, that
the owner had notice of a problem with the garbage cans and that the
owner has received summonses from the Department of Sanitation
relating to inadequate garbage covers; that the subject condition has
not been corrected and that the Petition should be denied.
The Commissioner is of the opinion that the Petition should be granted
in part.
The Commissioner finds that the owner had adequate notice of the
nature of the claim from the complaint and that regardess of the
owner's experience with the Sanitation Department, the inspection
report filed by the impartial DHCR staff inspector is the best
evidence on the question of the adequacy of the garbage receptacle
covers. That report stated that the garbage receptacles did not have
adequate covers. However, the Commissioner finds that $5.00 per month
was an excessive rent reduction for this decreased service. DHCR
policy and practice require a rent reduction of $3.00 a month for
affected rent controlled apartments.
Therefore, the Commissioner finds that the order below should be
modified by changing the rent reduction set forth therein from $5.00
per month to $3.00 per month.
If the owner has already complied with the Administrator's order and
there are arrears due to the owner as a result of the instant
determination, the tenants may pay off the arrears in six (6) equal
monthly installments. As to any of the tenants who have vacated and
as to any of the tenants who vacate after the issuance of this order,
said arrears shall be payable immediately.
THEREFORE, pursuant to the City Rent Law and the Rent and Eviction
DOC. NO.: BJ 110287-RO
Regulations, it is
ORDERED, that the Petition be, and the same hereby is, granted in
part; and that the Administrator's order be, and the same hereby is,
modified in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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