BK410334RO
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.:
BK410334RO
RENT ADMINISTRATOR'S
WEST FOUR ASSOCIATES/ DOCKET NO.:
SANDRA GREER REAL ESTATE, AK430052B
PREMISES: 169 W. 4th St.
PETITIONER New York, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW,
The above-named owner filed a timely petition for administrative
review of an order issued on October 29, 1987, concerning the
housing accommodations relating to the above-described docket
number wherein the Administrator ordered a rent reduction based on
a finding of a building-wide decrease in services.
The issue in this appeal is whether the Administrator's order was
warranted.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
This proceeding was commenced on November 14, 1986 by the rent-
stabilized and rent-controlled tenants filing a complaint of a
decrease in numerous building-wide services.
The Division sent on December 12, 1986 to the owner a copy of the
tenants' complaint, and the owner filed an answer advising that the
property had been sold and that the complaint had been forwarded to
the new owner for response.
On January 6, 1987, a copy of the owner's answer was sent to the
tenant who responded with the name and address of the new owner,
West Four Associates/ Vickers Management Corp.
The new owner was mailed on January 21, 1987 a copy of the tenants'
complaint.
BK410334RO
In an answer filed on February 2, 1987, the new owner requested
that the "file be closed as all complaints have been attended to."
In reply, the tenant representative asserted that contrary to the
owner's answer, the numerous complained-of conditions continue to
exist.
Thereafter, a physical inspection of the building was conducted on
March 26, 1987 by a Division staff member who reported that the
front door lock is broken; that the front fire escape needs
painting; and that there are various loose steps in the second
floor.
On May 8, 1987, another physical inspection of the building was
conducted by a Division staff member who reported that there is
accumulated garbage under the stairs in the lobby of the building;
that there are dirty building hallways, floors that are not swept
or mopped, and light debris in the public areas; that the lights in
the rear of the building are inoperative; that the public area
windows have warped and rotted wood frames, allowing air seepage;
and that the foyer door lock does not work, there is no knob on
door.
The Administrator directed on October 29, 1987 the restoration of
services and reduced the rent of the rent-stabilized tenants. The
maximum legal rent of the rent-controlled tenants is reduced by
$20.00, itemized as follows:
1. Broken front door lock - $ 5.00
2. Fire escape in need of painting - 4.00
3. Accumulation of garbage under stairs - 2.00
4. Public area in need of cleaning - 3.00
5. Lights in rear of building
inoperative - 3.00
6. Public area windows defective - 3.00
$ 20.00
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In the petition for administrative review, the owner contended in
substance that all repairs were completed in December 1986 when it
received notice of the tenants' complaint; and that the Adminis-
trator's order should be rescinded because the owner was not
afforded the opportunity to receive the inspection report and to
cure the defect before the issuance of the Administrator's order.
The owner submitted a copy of an August 28, 1987 paid bill for
cleaning of the basement, a copy of an October 1, 1987 paid bill
for repair of the front door, and a copy of a March 2, 1987 paid
bill for installing a new front door, buzzer lock and wires.
In answer, various tenants stated in substance that the owner had
failed to address the defective conditions.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Administrator's determination was based upon two staff
inspector's reports which found decreased services in the building.
This determination was in all respects proper and is hereby
sustained.
Regarding the petitioner's allegation that it was not afforded the
opportunity to receive the inspection report and to cure the defect
before the Administrator's order's issuance, the Commissioner finds
this allegation without merit. The owner was fully informed of the
defective conditions in the tenants' complaint; the inspection
reports merely confirmed the tenants' complaint; and thus, the
owner's non-receipt of the inspection reports is not a violation of
due process (Empress Manor Apartments v. DHCR, 538 N.Y.S.2d 49, 147
A.D. 2d 642; also PAR Docket No FH410081RO)
The Commissioner finds that the copies of paid receipts for alleged
repairs submitted by the owner do not cover all the numerous
defective conditions cited by the two inspection reports. Further-
more, these submissions were not timely raised in the proceeding
below prior to the issuance of the Administrator's order, and are
thus beyond the scope of administrative review.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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