BK230029RO
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.: BK230029RO
QUENTIN MANAGEMENT RENT
ADMINISTRATOR'S DOCKET
NO.: BA230014B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 13, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued October 15, 1987. The order concerned various
housing accommodations located at 230 Quentin Road, Brooklyn, N.Y.
The Administrator directed restoration of services and ordered a
reduction of the stabilized legal rents effective February 1, 1987.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on January 9, 1987 when 17 of
the 24 building tenants filed a Statement of Complaint of Decrease
in Building-Wide Services wherein they alleged, in sum, that the
owner was not maintaining certain required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on February
13, 1987 and stated, in sum, that it was maintaining services and
that the complaint should be denied.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on March 10, 1987 and
revealed that the front vestibule door had a large crack in the
glass. Other items listed in the complaint were not confirmed.
The Administrator issued the order here under review on
October 15, 1987 and ordered a rent reduction for all tenants who
signed the complaint in an amount equal to the most recent
guideline adjustment based on the inspector's report.
On appeal the owner states that the glass in the vestibule
BK230029RO
door cracks periodically and is repaired immediately upon
discovery. The owner attached a paid bills dated January 21, May
16, and September 15, 1987 from a glass company which are offered
to show that repeated repairs are made.
Four tenants filed responses and all stated that the cracked
glass had been replaced and that the building was being properly
maintained.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the owner has not rebutted the
report of the DHCR inspector. This report, prepared by an agency
employee who is neither a party to the proceeding or an
adversary,clearly stated that the glass in the vestibule door was
broken at the time of the inspection. The Administrator correctly
relied on this report in issuing the order here under review. The
evidence of repairs to the glass was not submitted to the
Administrator and is beyond the scope of review of this appeal.
Pursuant to Section 2523.4 of the Rent Stabilization Code, a
tenant may apply to the DHCR for a rent reduction based on the
owner's failure to maintain required services. The Administrator
shall reduce the rent based on a finding that services are not
being maintained. Repairs and maintenance are included within the
statutory definition of required services. The Commissioner finds
that the Administrator based this determination on the entire
record including the results of the on-site physical inspection
described above. The order here under review is affirmed.
The automatic stay of the retroactive rent abatement that
resulted by the filing of this petition is vacated upon issuance of
this order and opinion.
The Commissioner notes that the owner's application for rent
restoration (Docket No. GB210127OR) has been granted.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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