ADM. REVIEW DOCKET NO.: CA 130153 RO
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.: CA 130153 RO
: DRO DOCKET NO.: BC 130024-B
PROVIDENT OPERATING CORP.
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 19, 1988 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
January 12, 1988 by the Administrator, (Gertz Plaza) concerning
housing accommodations known as 65-10 99th Street, Rego Park, New
York, various apartments, wherein the Administrator determined
that certain services were not being provided or maintained and as
a result reduced the rents of various apartments in the subject
building.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised in the administrative appeal.
This order was based upon a physical inspection of the
subject apartment which revealed that there was no storage space;
that the elevator was defective; and that the public areas are
dirty.
In this petition, the owner contends, in substance, that the
conditions of items for which the rents were reduced were restored
prior to the tenants' filing of the complaint; that it has
provided storage space; that the tenants did not request a rent
reduction; and that the Administrator erred by reducing the rents
of ten (10) tenants who did not join the original complaint.
The Commissioner is of the opinion that this petition should
be denied.
A review of the record in the proceeding below discloses
that the tenants had requested a rent reduction; and that the ten
tenants who were not listed in the original complaint are under
Rent Control jurisdiction. The Commissioner notes that the
Administrator, upon a finding that there is a reduction of
building-wide services, may at his own initiative reduce the rents
of the controlled apartments affected at the subject premises.
The Commissioner is of the opinion and finds that the report
of DHCR inspectorial staff which discloses that certain services
ADM. REVIEW DOCKET NO.: CA 130153 RO
were not being provided or maintained (the inspector got stuck in
the elevator) outweigh the owner's assertions to the contrary.
Accordingly, the Commissioner finds that the Administrator's
determination that certain building-wide services were not being
provided was warranted; and that the Administrator properly
reduced the rents of the controlled and stabilized apartments.
The Commissioner notes that the owner filed several
applications for rent restoration with the Division; and that the
rents of the subject controlled and stabilized apartments have
since been restored.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code and the Rent and Eviction Regulations
for New York City, it is
ORDERED, that this petition be, and the same hereby is,
denied; and that the Administrator's order be, and the same hereby
is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
