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.:
TEG MANAGEMENT CORP.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued on February 4 1988, concerning the
housing accommodations known as 140-30 Ash Avenue, Queens,
New York, Apartment 1-K, wherein the Rent Administrator determined
the tenant's complaint of a reduction of services. A copy of the
petition was served on the tenant.
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 petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had refused to grant the tenant a key to
the storage room, which allegedly had been previously provided from
1972 to 1987.
In an answer, the owner denied ever having given the tenant offi-
cial permission to store a bicycle and any knowledge that the
tenant was using the storage area in such manner, and stated that
for security reasons keys would not be granted to anyone, that no
tenants would be allowed to use storage rooms for bicycles except
on the owner's terms, and that access to public areas had been
eliminated wherever possible.
Thereafter, an inspection of the subject premises was attempted by
a DHCR inspector on September 23, 1987 who indicated in his
inspection report "N/A", i.e., no access. A second inspection was
conducted on October 5, 1987. The inspector reported the basement
storage area was locked by the superintendent.
The Rent Administrator found that storage space was no longer
provided, directed restoration of this service, and further,
ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner indicated that
the tenant had been advised to request the superintendent to unlock
the storage room door whenever he wanted to store or remove the
bicycle from the storage area.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code, DHCR is required to
order a rent reduction, upon application by a tenant, where it is
found that an owner has failed to maintain required services. The
owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required services.
The tenant contended below that he had key access to the storage
area for many years, which the owner recently eliminated. The
owner's bare disclaimer below that he had no knowledge that the
tenant had key access to storage space and that such use was not
authorized, did not directly contradict the tenant's claim. The
owner's further assertion that access to public areas had been
eliminated wherever possible also suggests that the tenant's claim
of decreased services was true.
The owner's offer, set forth on appeal, that the tenant was
permitted to store and remove his bicycle by applying to the
superintendent to unlock the room, reflects a services reduction
from key access previously available to tenant.
The owner may file a rent restoration application if the facts so
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.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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,
JOSEPH A. D'AGOSTA