ADM. REVIEW DOCKET NO.: BJ 430027 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BJ 430027 RO
:
DRO ORDER NO.:
BB 430106 B
E.G.A. ASSOCIATES
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 23, 1987, the above named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued on
September 22, 1987 by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
324-326 East 66th Street, New York, NY, wherein the Administrator
determined the tenants' complaint of a reduction of certain
building wide services.
The challenged order reduced the rent controlled tenants' rent
by $1.00 per month based on the results of an inspection conducted
on May 13, 1987, that confirmed the tenants' complaint of a
defective building door. The inspector reported that the building
vestibule doorcheck required adjustment because the door slammed
shut. Rent stabilized tenants were not granted rent reductions.
However, the owner was directed to restore services to the required
level by correcting the condition.
On appeal the owner argues that the order was inconsistent, in
that it granted rent controlled tenants rent reductions while
denying them for rent stabilized tenants, and that the condition
was too subjective to serve as a predicate for rent reductions.
ADM. REVIEW DOCKET NO.: BJ 430027 RO
One tenant responded to the owner's petition. The tenant
alleged that the condition was caused by the excessive daily use
of the lobby door by messengers of a bicycle messenger service on
the first floor, or that it was adjusted to allow easy access for
the bicycle messengers. The tenant also alleged that the owner was
cited by the City Building Department for renting the apartment to
a messenger business, in violation of the Building Code.
Proceedings per Docket No. BB 420160-B establish that the
Administrator denied the tenant's complaint involving the identical
condition, based on the results of an inspection conducted on July
28, 1987 that found that the front and lobby doors had been
repaired. Rent reductions are not normally imposed when the
Administrator has evidence before an order is issued that
conditions have been rectified. The record mandates that the rent
reductions granted must be revoked and also renders moot further
discussion of other issues raised by the owner on appeal.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, the City Rent Control Law and the Rent
and Eviction Regulations, it is
ORDERED, that the owner's petition be granted, and that the
Administrator's rent reduction order be revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
