ADM. REVIEW DOCKET NO.: BJ 210277 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 210277 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BA 230002 B
EMIL FRIEDMAN/350 LEFFERTS REALTIES/
DOV SANDBERG PREMISES: 350 Lefferts
Ave., Brooklyn, N. Y.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely filed a petition for
administrative review of an order issued on September 3, 1987
concerning the housing accommodations relating to the above-
described docket number 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 January 5, 1987 by the
subject rent-stabilized tenants filing a complaint of a decrease in
numerous building-wide services.
On January 21, 1987, the Division sent the owner a copy of
these tenants' complaints and the owner filed an answer advising in
substance that repairs had been initiated and would be completed.
This answer was signed by "Dov Sandberg" as owner/management.
ADM. REVIEW DOCKET NO.: BJ 210277 RO
On March 12, 1987, the tenants filed a statement with the
Division that some defective conditions still exist but the owner
had agreed to correct all defects.
On April 16, 1987 and June 10, 1987, a Division staff member
made physical inspections of the subject building and confirmed the
existence of defective conditions.
Based on the inspection report, the Administrator issued the
order hereunder review, reducing the tenants' rent to the level in
effect prior to the last rent guidelines increase, effective
February 1, 1987 due to the above finding of decreased services,
and directing the restoration of services.
In the petition for administrative review, the owner states in
substance that it has "never received any prior notification
regarding this proceeding" because the tenants and the
Administrator erred in writing the owner's correct address which
should be the mailing address of the tenants' rent payments.
Attached to this petition is a copy of a cover letter by Dov
Sandberg wherein the foregoing quote was taken from and a copy of
Dov Sandberg's answer to the complaint in the proceeding below.
In answer, various tenants denied the allegations of the
owner's petition and otherwise asserted the existence of numerous
defective conditions.
The Commissioner is of the opinion that the owner's petition
should be denied.
Section 2523.4 of the Rent Stabilization Code requires DHCR to
reduce the legal regulated rent to the level in effect prior to the
most recent guidelines increase, upon application by the tenant,
for the period for which it is found that the owner has failed to
maintain required services. Required services are defined by
Section 2520.6(r) to include repairs and maintenance.
The Commissioner notes that the owner's submissions naming Dov
Sandberg show that the owner/manager/agent was properly notified of
the tenants' complaint. The owner thus has not proven lack of
notice.
Despite the owner's contentions, a review of the evidence of
record shows that the Administrator based his determination on the
ADM. REVIEW DOCKET NO.: BJ 210277 RO
entire record, including the proper notification to the owner of
the tenants' complaint, the owner's answer to the tenants'
complaint in the proceeding below and the April 16, 1987 and June
10, 1987 inspection reports which confirmed the tenants' claims in
the complaint.
Accordingly, the Commissioner finds that the Administrator
correctly determined that the owner had failed to maintain services
and properly reduced the tenants' rent.
This Order and Opinion is issued without prejudice to the
owner's rights in its rent restoration application (BJ 210007-OR)
which was granted on June 17, 1988.
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 that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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