BK 410284 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.: BK 410284 RO
Maureen Horgan, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: ZAL 430029-B
TENANTS: Various
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 4, 1987 the above-named owner filed a Petition for
Administrative Review against an order issued by the Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodations known as various
apartments, 361 West 22nd Street, New York, New York wherein the
Administrator ordered a rent reduction of one guideline increase
based upon a reduction in building-wide services.
The tenants commenced this proceeding on December 5, 1986 by
filing a complaint of a decrease in building-wide services,
alleging that the owner had discontinued two services which had
been provided for seventeen years, garbage collection and
basement storage space. The tenants applied for a rent
reduction.
A copy of the complaint was sent to the owner on December 26,
1986.
In answer, the owner affirmed that it had terminated the alleged
services but averred that it had taken title to the subject
premises on July 15, 1986 without notice from the prior owners
that it would be required to collect the garbage left outside
each tenant's door. The owner further asserted that garbage left
in the halls created smells and attracted rodents. As to the
basement storage space, the owner stated that it had purchased
the subject building with the express purpose of using the
basement for her own personal use. There had been no notice by
the prior owners or in the leases that the tenants had keys to
the basement and had been permitted to store large pieces of
furniture and business equipment there. The owner asserted that
she had been subjected to tenant harassment since giving the
tenants notice to remove their possessions.
On March 6, 1987, a staff member of the DHCR conducted a physical
inspection of the subject premises and confirmed that the garbage
service was not being provided and that no storage space was
available to the tenants.
In the order here under review, finding that there had been a
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decrease in services, the Administrator directed the owner to
reduce the rent by the most recent guidelines increase.
In her appeal, the owner alleges that no investigation was
conducted and that serious harassment by the tenants has
occurred which is compelling the owner to sell the subject
building. The owner further contends that the prior owner stated
that the tenants were not given carte blanch permission to use
the basement and that two of the complainants illegally stored
business equipment and supplies there. The owner requested a
hearing to resolve the issue.
The tenants contend that the petition should be denied because
the owner does not have the right to summarily discontinue
services which had been provided for over 20 years. The tenants
also contend that they are not bound by the failure of the prior
owner to inform the current owner of the existence of these
services. The tenants further allege that the decrease in
services was part of a pattern of harassment by the owner to
encourage the tenants to vacate.
The Commissioner is of the opinion that this petition should be
denied.
Section 2523.4 of the Rent Stabilization Code provides in
pertinent part that a tenant may apply to the DHCR for a
reduction of the legal regulated rent to the level in effect
prior to the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is found
that the owner has failed to maintain required services which are
defined by Code Section 2520.6(r) as those services which the
owner was maintaining or was required to maintain on the base
date.
In the instant case, a physical inspection confirmed that the
owner had terminated garbage pick-up outside each tenant's door
and had locked the tenants out of the basement without providing
an alternate storage space. The owner has not disputed that the
services at issue were provided by the prior owner. Nor has the
owner challenged the tenants' contention that the services had
been provided for over seventeen years. Pursuant to Code Section
2523.4, the owner is required to maintain these base date
services. The owner has not established a valid reason for their
cessation. Any alleged harassment by either the owner or the
tenants is not the proper focus of this proceeding.
Finally, with respect to the owner's request for a hearing, it
is noted that due process requires full consideration of all
issues raised by the parties to the administrative proceeding.
However, the resolution of these issues does not necessarily
require on oral hearing, which is discretionary and not mandated
by law. The Commissioner finds that the evidence and written
submissions in the record are sufficient to render an
administrative determination.
Since the owner has not established any error in fact or in law
which would require the granting of the appeal, the Commissioner
finds that the Administrator correctly determined that the owner
had failed to maintain services as required under the Code and
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correctly reduced the rent.
This order is without prejudice to the owner's right to apply
for a restoration of the rent if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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