CB430230RO
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.: CB430230RO
WALTER M. EBERHARDT, JR. RENT
GRAMERCY REALTY CO. ADMINISTRATOR'S DOCKET
NO.: BD430083B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
The above named petitioner-owner timely refiled a Petition for
Administrative Review against an order of the Rent Administrator
issued December 3, 1987. The order concerned various housing
accommodations located at 240 E. 21st Street, New York, N.Y. The
Administrator directed restoration of services and ordered a rent
reduction based on the owner's failure to maintain required
services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on April 29, 1987 when one
tenant filed a Statement of Complaint of Decrease in Building-Wide
Services and alleged, in sum, that the front and back doors have
defective or missing locks, that lighting in the public areas is
inadequate, and that the public areas need to be cleaned.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner did not file a response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on June 29, 1987 and
revealed that the public area windows were in need of washing. All
other services complained of were found to be maintained.
The Administrator issued the order here under review on
December 3, 1987 and ordered a rent reduction of $3.00 per month
for rent controlled tenants and an amount equal to one guideline
increase for rent stabilized tenants.
CB430230RO
On appeal the owner states that it never received notice of
the original complaint and that the cited condition is "too
trivial" to warrant a rent reduction. The petition was served on
the tenants on May 16, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
With regard to rent controlled tenants who were granted a
$3.00 per month rent reduction, the Commissioner notes that the one
tenant who filed the complaint was not rent controlled. In order
for a rent controlled tenant in the building be entitled to a rent
reduction, either that tenant or another rent controlled tenant
living in the building must sign the complaint. Since no rent
controlled tenant signed the complaint herein, the Administrator
erred in granting rent controlled tenants the rent reduction.
With regard to the one rent stabilized tenant who did sign the
complaint, the Commissioner's review of the record leads to the
conclusion that the report of the DHCR inspector does not
sufficiently reveal a failure to maintain services for which a rent
reduction is appropriate. Accordingly, the order here under review
is revoked for the rent stabilized tenant as well.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations for New York City it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. Any rent controlled tenant who owes arrears
based on the Commissioner's decision herein may pay off said
arrears in installments of $3.00 per month. If the rent stabilized
tenant owes arrears, the arrears may be paid off in twelve (12)
equal monthly installments. If any tenant vacates their apartment
the arrears are due and payable immediately.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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