CB130332RO
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.: CB130332RO
RENT ADMINISTRATOR'S
PINCUS NEIMAN, DOCKET NO.: AH130004B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 12, 1988, the above-named petitioner-owner timely
refiled a petition for administrative review of an order issued on
December 1, 1987, by the Rent Administrator, concerning the housing
accommodations known as 89-04 148th Street, Jamaica, N.Y. various
apartments, wherein the Administrator determined that the rent for
rent stabilized apartments should be reduced to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of the order based upon a diminution of services
and further determined that the maximum legal rent for rent
controlled apartments should be reduced by $12.00 per month based
upon a diminution of services. The Rent Administrator's order was
based upon an inspection held on December 1, 1986. The Rent
Administrator also directed the restoration of all services.
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 by the administrative appeal.
The issue herein is whether the Rent Administrator properly
reduced the rents of various rent stabilized and rent controlled
apartments in the subject building.
On appeal, the petitioner-owner asserted that cleaning and
extermination services are continuously provided to the tenants.
The petition was served on the tenants on May 18, 1988. The
tenant of Apartment 4-I answered the petition alleging that the
owner corrected all conditions and the tenant of Apartment 5-I
submitted an answer alleging that the owner did not correct any of
the service deficiencies.
CB130332RO
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeal should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
a tenant may apply to the Division of Housing and Community Renewal
(DHCR) for a reduction of the legal regulated rent to the level in
effect prior to the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner failed
to maintain services may result in an order of decrease in maximum
rent, in an amount determined by the discretion of the Rent
Administrator.
The owner submitted a statement from the Best Way
Exterminating Company, dated September 14, 1987, which attests that
exterminating services are provided on a monthly basis.
Additionally, the owner submitted a statement from the tenant of
the apartment 4-I, dated May 2, 1988, attesting that the building
is clean and that the exterminator comes once a month.
However, the inspection held on December 1, 1986 demonstrated
that there was litter in and around the building; that there was
evidence of infestation; that the public areas and elevator were in
need of cleaning and that the basement needs cleaning.
The Commissioner notes that as late as May 30, 1988, the
tenant of apartment 5-I answered the petition alleging that the
owner did not correct any of the complained-of service
deficiencies.
A review of the record before the Administrator clearly shows
that the owner did not submit any evidence that the deficiencies
noted on the inspector's report were completed in a workmanlike
manner at the time of the DHCR's inspection or at any time prior to
the issuance of the Administrator's order.
The Commissioner finds that the Administrator properly based
his determination on the entire record, including the results of
the on-site physical inspection conducted on December 1, 1986 and
that pursuant to Section 2523.4(a) of the Code and Section 2203.16
of the Rent and Eviction Regulations the Administrator was mandated
to reduce the rent upon determining that the owner had failed to
maintain services.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
CB130332RO
determination.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York and the Rent Stabilization Law
and Code, it is
ORDERED, that the owner's petition be, and same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
is, affirmed.
A review of DHCR records shows that the Rent Administrator
restored the rents on the owner's fourth application.
As regards the rent stabilized tenants 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.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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