CI110228RO
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.: CI110228RO
WESTMORELAND ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: BJ110016B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On September 13, 1988 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 10, 1988. The order concerned various
housing accommodations located at 40-01 Little Neck Parkway,
Queens, N.Y. The Administrator directed restoration of services
and ordered a reduction of the maximum legal rents.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on October 14, 1987 when tenants
of 41 of the 63 apartments in the building filed a Statement of
Complaint of Decrease in Building-Wide Services wherein they
alleged, in sum, that the owner was not maintaining certain
required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on December
8, 1987 and stated that it had removed certain wooden light poles
for safety reasons, that it had installed permanent lighting and
that the DHCR had previously ruled that its method of garbage
disposal was adequate.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 17, 1988. The
building was reinspected on March 21, 1988. The inspector reported
that the owner was not providing storage space, that the public
area clotheslines had been removed and that the driveway had cracks
and potholes.
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The Administrator issued the order here under review on August
10, 1988. Rent controlled tenants were granted a $6.00 per month
rent reduction based on the report of the inspector. No rent
stabilized tenant requested a rent reduction. The Administrator
ordered restoration of services.
On appeal the owner, as represented by counsel, states that
the order here under review should be revoked because the
Administrator exceeded the scope of the complaint in granting rent
reductions for conditions not complained of. The owner asserts
that it has been denied the fundamental right to due process. The
owner also states that the order is defective on its face in that
the Administrator orders a $7.00 per month rent reduction but
calculates $6.00 worth of rent reductions in the specific findings
set forth. Finally, the owner states that neither storage space
nor clotheslines are essential or required base date services which
it is under an obligation to maintain. The petition was served on
the tenants on December 5, 1988.
Various tenants filed responses wherein they stated, in sum,
that the order here under review should be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted,
the order here under review should be revoked and the proceeding
should be remanded to the Administrator.
The Commissioner has examined the complaint filed by the
tenants and notes that it consisted of DHCR Complaint Form RA-84
and a two page addendum of tenant complaints. The owner's response
to the complaint addresses only conditions raised on the second of
the two addendum pages. The owner states that it was not notified
of the existence of certain conditions. It does not appear that
the owner was not served with a complete copy of the complaint and
that it was never notified of the services complaints on the first
page of the addendum. The owner's response specifically rebuts
each and every allegation on the last page of the complaint.
The owner is correct in that the failure to provide it with
notice of the conditions and an opportunity to respond constitutes
a denial of due process. Therefore, the Commissioner is of the
opinion that the order here under review should be revoked and the
proceeding remanded to the Administrator so that the owner may be
served with a complete copy of the complaint and afforded an
opportunity to respond. If necessary, the issue of required base
date services should be investigated.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
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hereby is, revoked, and that this proceeding be, and the same
hereby is, remanded to the Rent Administrator for further
processing. If the tenants owe arrears to the owner by reason of
this order and opinion of the Commissioner rent stabilized tenants
may pay off any arrears in twenty-four (24) equal monthly
installments. Rent controlled tenants may pay off any arrears in
installments of $6.00 per month. If any tenant vacates the
apartment or has previously vacated, any arrears are due and
payable immediately.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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