Docket Number: BJ130143-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BJ 130143-RO
MICHAEL PARTRIDGE, DRO DOCKET NO.: AA 100020-B
PETITIONER : VARIOUS TENANTS
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 13, 1987, the above-named petitioner filed a Petition for
Administrative Review against an order issued on September 22, 1987,
by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New
York, concerning the housing accommodations known as 148-25 89th
Avenue, Jamaica, New York, wherein the Administrator found a
decrease in building-wide services and reduced the rent.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the evidence relevant to
the issues raised in the administrative appeal.
This proceeding was commenced on January 22, 1986, when various
tenants filed a complaint of a decrease in building-wide services,
alleging numerous deficiencies in building-wide services. The
tenants applied for a reduction in rent.
A copy of the complaint was served on the owner.
A staff member of the DHCR conducted a physical inspection of the
subject building on April 25, 1986 and reported that there were a
number of service deficiencies, including inter alia: 1) the
entrance door lock was broken and inoperative, 2) the intercom and
the bell and buzzer systems were inoperable, 3) the roof door locks
were broken and inoperable, 4) there was evidence of vermin
infestation in the incinerator rooms, and 5) the incinerator rooms
and the grounds were littered with garbage.
The subject premises were reinspected on February 2, 1987. The
inspection reported that the roof door locks were broken and
inoperable and there was debris on the grounds around the building.
Based on the foregoing inspection, the Administrator issued an order
on September 22, 1987 directing the restoration of the decreased
services and reducing the rent for rent controlled apartments by
$8.00 per month and for rent stabilized apartments to the level in
effect prior to the last rent guideline increase.
Docket Number: BJ130143-RO
In the appeal, the owner contends that the order should be reversed
because the defective conditions had been restored on February 3-5,
Although given the opportunity to do so, the tenants did not reply
to the petition.
After careful consideration the Commissioner is of the opinion that
this petition should be denied.
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
that the owner submitted no evidence to substantiate the contention
either while the proceeding was pending before the Administrator or
by attachment to the petition. Moreover, the Commissioner notes
that there are in the file affidavits of non-compliance submitted by
several tenants subsequent to the issuance of the order.
Accordingly, based on a preponderance of the evidence the owner has
offered insufficient reason to disturb the Administrator's order,
and it should be affirmed.
Review of the record reveals that the owner applied for a
restoration of rent which was granted on July 6, 1988.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is denied, and
that the Rent Administrator's order be, and the same hereby is,