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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BK 130250-RO
:
DRO DOCKET NO.: ZQS 000694-B
MYDL ASSOCIATES
PETITIONER : TENANTS: VARIOUS
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 6, 1987 the above named petitioner filed a Petition for
Administrative Review against an order issued as October 6, 1987 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
the housing accommodation known as 61-40 Saunders Street, Rego Park, New
York wherein the Administrator determined that there had been a reduction
in building-wide services and ordered a rent reduction.
This proceeding was commenced on November 25, 1985 when Susan Lopez, a
Rent Stabilized tenant, filed a complaint of a decrease in building-wide
services. The tenant alleged that the intercom system was broken, the
front door did not lock and was open and the hall lighting was inadequate.
A copy of the complaint was sent to the owner on January 9, 1986.
In answer the owner asserted that the intercom system needed replacement
parts which were unavailable due to the age of the system and that the
entire system was being replaced with a new system. The owner also
asserted that the lighting was adequate but that sometimes bulbs burned
out.
Physical inspections were conducted by a staff member of the DHCR on
January 17, 1986, , August 12, 1986 and on March 31, 1987. In each
instance, the inspection confirmed that the intercom system and the
vestibule doors and door locks were defective.
In the order here under review, the Administrator reduced the rent of the
complaining tenant by one guideline and reduced the rent of rent
controlled tenants $12.00 per month.
In the appeal, the owner requests that the order be modified to affect
only the tenant who filed the complaint and not any of the other tenants
listed in the order since none had been party to the complaint. The owner
further contends that a new intercom system and new vestibule doors have
been installed.
Several tenants replied to the petition and stated that they had
complained to the owner of the defects in the intercom system and the
vestibule doors.
DOCKET NUMBER: BK 130250-RO
The Commissioner is of the opinion that this petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations, the Rent
Administrator has discretion to order a decrease in the maximum rent
otherwise allowable where there has been a decrease in essential services.
In the instant case, the owner was on notice that the security system was
defective. Several tenants asserted, without contradiction, that they had
complained to the owner. The owner stated in its response to the
complaint that it knew the intercom system was defective. Moreover, three
physical inspections conducted from January 17, 1986 through March 31,
1987 confirmed the existence of the defective conditions. The owner had
more than a year from the time the complaint was filed to correct the
defects. Since pursuant to Section 2202.16 it was unnecessary for any
rent controlled tenant to file a complaint, the Administrator correctly
ordered a rent reduction for the affected rent controlled tenants.
With regard to the owner's assertion that the defective intercom system
and vestibule doors have been replaced, if the facts so warrant, the owner
may apply for a restoration of the rent.
THEREFORE, in accordance with the Rent and Eviction Regulations, 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
|
