CE130205RT, et al.
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
APPEALS OF DOCKET NOS.:
CE130205RT; CE130207RT;
CE130208RT; CE130209RT
ROBERT KATZ, As Attorney
For Various Tenants RENT ADMINISTRATOR'S
DOCKET NOS.:
BH130179B; BH130180B;
PETITIONER BH130181B; BH130182B
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO THE RENT ADMINISTRATOR
On or about May 26, 1988, various tenants filed petitions for
administrative review (PARs) of an order issued on April 21, 1988,
concerning the housing accommodation known as 69-78 to 69-98 137th
Street; 69-81 to 69-95 136th Street; 136-03 to 136-07 70th Road,
and 136-10 to 136-14 Jewel Avenue, Flushing, New York, builing-
wide, wherein the Administrator determined that the condition
complained of had been corrected.
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 administrative appeal.
This proceeding was commenced by the filing of various complaints
of reduction in services, building-wide, specifically the removal
of the individual tenant's mailboxes and house to house mail
delivery. An inspection conducted on January 28, 1988 determined
that the tenants receive mail at a "rear mailroom" with individual
locked mailboxes. Based on the inspection the Rent Administrator
denied the complaint determining that the complained of condition
had been corrected.
In the PARs, the tenants contend that the inspector failed to
understand that the mail boxes that he saw are not the ones in use,
and that the inspector failed to inspect other sections of the
development which have no mailboxes at all.
CE130205RT, et al.
In response to the tenants' PARs the owner advised that it is in
the process of restoring the individual mailboxes to comply with
the former service.
The Commissioner is of the opinion that the petitions should be
granted to the extent of remanding the proceeding to the Rent
Administrator for redetermination, including an inspection.
Evidence submitted below by the owner that at the time in question
mail delivery was made at a central location in the development and
not to the individual houses. It is unclear from the inspection
report whether this location is in the lobby of each building or
outside of the buildings. Although Post Office approval for the
arrangement is indicated in the submissions, such is irrelevant to
the issue of whether the relocation constitutes a reduction in
services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that these petitions be, and the same hereby are, granted,
and that the Rent Administrator's order be revoked and the pro-
ceeding remanded to the Rent Administrator for a redetermination of
the issues therein in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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