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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.:
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HOWARD DAVIS,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BB 230016-B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 10, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on October 27,
1987, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 207 Ocean Parkway, Brooklyn, N w York, various apart-
ments.
The issue herein is whether the District Rent Administrator
properly terminated the tenant's application for a decrease in
rent based upon a decrease in building-wide services.
The District Rent Administrator's order, appealed herein, ter-
minated the subject proceeding on the finding that the tenant
failed to allege any decrease in building-wide services. The
District Rent Administrator issued the order without prejudice to
the tenant's right to file Form RA-81 for an individual decrease
in essential services.
On appeal, the petitioner-tenant alleged, in substance, that the
District Rent Administrator erred in terminating the subject
proceeding insofar as 26 tenants signed the RA-84 Form and that
specific information pertaining to a diminution of building-wide
services was furnished below in the form of a tenants' reply to
the owner's response to the complaint and a tenant petition
attesting to the diminution of venetian blind and toilet seat
services.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
A review of the District Rent Office file clearly reveals that
there were no building-wide service deficiencies stated in the
tenant's complaint. All that is alleged is the owner's failure
to replace or repair venetian blinds and to replace broken toilet
seats.
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The Commissioner finds, therefore, that the District Re t Admin-
istrator did not commit error in issuing the order terminating
the proceeding.
Typically, a building wide service complaint relates to service
deficiencies such as lack of elevator service, unsanitary halls,
poor security systems, etc.
If any tenant is still aggrieved he or she may file an Individual
Tenant Statement of Complaint (DHCR Form RA-81) for decreased
services alleging such service deficiencies in his or her indi-
vidual apartment.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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