ADM. REVIEW DOCKET NO.: BJ 610007-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 J.R. NO.: 2927
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BJ 610007-RO
:
DRO DOCKET NO.:
BG 630046-HW
GARY J. ZUCKERMAN - 7A ADMIN.,
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 20, 1987, the above-named petitioner filed a
Petition for Administrative Review (PAR) against an order issued
on August 20, 1987 by the Rent Administrator, at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
2285 Davidson Avenue, Bronx, New York, wherein the Administrator
determined the tenants' complaint that the owner was not
maintaining heat and hot water for the subject premises.
On November 23, 1987, the Commissioner issued an order
dismissing the petition for untimeliness.
Subsequent thereto, the building's Court-appointed 7A
Administrator filed a petition in the Supreme Court, pursuant to
Article 78 of the Civil Practice Law and Rules, requesting that
the Commissioner's dismissal order be annulled. On May 11, 1988
the Supreme Court (Katz, J.) executed an order remitting the
proceedings to the Division for further consideration.
The proceedings were originally commenced by tenants'
representatives, who filed a complaint of decrease in services on
their own behalf and on behalf of twenty-two (22) other tenants,
alleging the owner was not maintaining various services. The
tenants' complaint of inadequate heat and hot water was extracted
for separate processing under Docket Number BG-630046-HW. The
other complaints were processed under Docket No. BE-630008-B.
The 7A Administrator responded to the general complaint (BE
630008-B), asserting in essence that the Division did not have
jurisdiction to reduce the rents and that, in any event, all
necessary repairs had been made to correct defects and remove
ADM. REVIEW DOCKET NO.: BJ 610007-RO
violations.
The 7A Administrator was re-served under BG-630046-HW with a
copy of the tenants' complaint, along with a notice to restore
heat and hot water service, but did not file a separate response.
Based on a finding that the owner (7A Administrator) had
failed to file an answer to deny the tenants' allegation of
inadequate hot water service, the Administrator reduced rents for
both rent controlled and rent stabilized tenants.
On appeal, the 7A Administrator reiterates the previous
argument that the Administrator did not have jurisdiction to
reduce rents. He also noted that an inspection was not conducted
as to the heat and hot water complaint, and that the
Administrator erroneously determined that the 7A Administrator
had failed to file an answer to the tenants' complaint.
The applicable law is Section 2520.6(r) and 2523.4 of the
Rent Stabilization Code, and Section 2202.16 of the Rent and
Eviction Regulations.
The Commissioner notes that the 7A Administrator submitted a
timely answer, detailed above, to the tenants' original
comprehensive complaint before the heat and hot water complaint
was extracted for separate processing. That answer should have
been considered by the Administrator in the heat and hot water
complaint. In light thereof, an inspection should also have been
conducted to substantiate the allegation that heat and hot water
services were not maintained.
The record presented failed to provide a basis for the rent
reduction granted. It is also doubtful that further fact-finding
five (5) years after the events described would be fruitful. The
record mandates that the Administrator's rent reduction order be
revoked. Any monies owed by the tenants to the owner as a result
of this order may be paid in equal monthly installments over the
course of the next twenty-four (24) months, subject to amendment
by a Court of competent jurisdiction.
THEREFORE, in accordance with the Rent and Eviction
Regulations, the City Rent Control Law, and the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
granted and the District Rent Administrator's order be, and the
same hereby is, revoked, as provided above.
ISSUED:
ADM. REVIEW DOCKET NO.: BJ 610007-RO
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
