BK 430379 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 430379 RO
DOLPHIN LEASING CORPORATION,
DRO DOCKET NO.: ZBC 530112-B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 20, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 30, 1987 by the Administrator, (Gertz Plaza) concerning
housing accommodations known as 522 West 161 Street, New York,
New York, wherein the Rent Administrator determined that certain
services were not being provided or maintained and as a result
reduced the rents of various controlled tenants. The
Administrator did not reduce the rents of the stabilized tenants
since they did not request same.
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 the administrative appeal.
In this petition, the owner contends, in substance, that
certain conditions (cracked public walls, peeling paint and
unsanitary public area) as found by the Administrator do not
warrant a rent reduction.
The Commissioner is of the opinion that this petition should be
denied.
Regarding rent controlled tenants, Section 2202.16 of the Rent
and Eviction Regulations provides in pertinent part that if the
landlord fails to maintain services, the Administrator may order
a decrease in the maximum rent.
At the outset the Commissioner notes that the defective items for
which the rents were reduced are essential services which the
owner is required to provide or maintain.
A review of the record indicates that the Rent Administrator
properly determined the tenants' complaint of service reduction
on the basis of a physical inspection which revealed a defective
front entrance door and door lock, rodent infestation plus
peeling paint and plaster and unclean floors in the public areas.
BK 430379 RO
The defective items for which the rents were reduced are
essential services which the landlord is required to provide or
maintain. Accordingly, the Commissioner finds that the
Administrator properly reduced the rent of the subject
apartments.
This order and opinion is issued without prejudice to the owner's
right to file an application with the Division for a restoration
of rent based upon a restoration of services, if the facts so
warrant.
THEREFORE, in accordance with the provisions of the New York City
Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the order of the Administrator be, and the same hereby is,
affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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