ADM. REVIEW DOCKET NOS.: BJ 420195 RT ET AL.
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 NOS.:
BJ 420195 RT;
BJ 420196 RT;
: BJ 420197 RT;
BJ 420198 RT;
BJ 420199 RT
DRO ORDER NO.:
BA 430042 B
VARIOUS TENANTS
PETITIONER :
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.ORDER AND OPINION DENYING TENANTS' PETITIONS FOR ADMINISTRATIVE
REVIEW
The above-referenced petitioner tenants filed timely Petitions
for Administrative Review (PARs) against an order issued on
September 15, 1987, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
127 Ludlow Street, New York, N.Y., wherein the Administrator
determined the tenants' complaint of a reduction of several
building-wide services.
The challenged order reduced the tenants' rents based on the
results of an inspection conducted on March 11, 1987 that disclosed
that public areas required cleaning and that the bell/buzzer system
was not working.
The tenants filed identical administrative appeals requesting
additional rent reductions for other conditions cited in their
complaint, as more fully set forth below.
After careful consideration, the Commissioner is of the
opinion that the petitions should be denied.
The applicable law is Section 2202.16 of the Rent and Eviction
Regulations.
ADM. REVIEW DOCKET NOS.: BJ 420195 RT ET AL.
The tenants' request for additional rent reductionS reflecting
the removal of the vestibule bell/buzzer system would be
duplicative of rent reductions granted for the defective
bell/buzzer system found on inspection.
No infestation was found in the public areas at the time of
inspection. As the need for extermination service was not
established, no rent reductions were warranted, notwithstanding
that exterminator service was provided periodically in the past.
The tenants acknowledged in the complaint that a light fixture
in the front of the building had never been provided as a service.
Nor did the tenants establish a violation of the City Building or
Housing Maintenance Codes. Consequently, no rent reductions were
warranted for this complaint.
This order is issued without prejudice to the tenants' rights
to apply for rent cuts for current service reductions or violations
of record of City codes.
THEREFORE, in accordance with the provisions of the City Rent
Control Law and the Rent and Eviction Regulations, it is
ORDERED, that the tenants' petitions be and the same hereby
are, 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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