Adm. Review Docket Number: CJ 430044-RT
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.: CJ 430044-RT
:
VARIOUS TENANTS, DRO DOCKET NO.: CA 410158-OR
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 30, 1988, the above named petitioner-tenants filed a
joint Petition for Administrative Review against an order issued on
August 29, 1988 by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations known as 240 East 83
Street, New York, New York wherein the Administrator granted the
owner's application to restore rent previously reduced by an order
issued on December 10, 1987 under Docket Number BE-410071-B,
effective April 1, 1988.
The Administrator's determination indicated that an inspection held
on May 20, 1988 revealed that repairs had been completed for the
conditions which gave rise to the rent reduction.
In their appeal the tenants dispute, in pertinent part, the
Administrator's determination that the public areas were clean
noting that baseboard stripping removed in connection with the
installation of new mailboxes was never replaced.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Commissioner notes that the condition cited by the tenants on
appeal was not a condition which gave rise to the rent reductions
and accordingly is not a factor in the restoration of rents.
The Commissioner further notes that an administrative appeal is not
the proper vehicle to raise new service complaints. The
Commissioner also rejects the tenants' suggestion that the condition
reflected a failure by the superintendent to maintain the premises
in the normal performance of usual janitorial services. However
this determination is rendered without prejudice to the tenants'
right to raise the issue by filing a complaint with the
Administrator in the prescribed manner.
Concerning the petitioner's assertion that the owner failed to
refund or credit the tenant with the rent reductions granted for the
months from August 1987 through 1988, the Commissioner notes, by way
of information that the filing of a PAR automatically stays the
refund of the retroactive portion of the rent reduction pending a
final determination by the Commissioner at PAR, or in cases where
the owner seeks judicial review, a final determination by the
Adm. Review Docket Number: CJ 430044-RT
Courts. A final determination by the Commissioner, or by the
Courts, affirming the underlying rent reduction order, permits the
tenants to collect or to credit to future rents, the reductions in
rent previously granted. It is noted however, that the owner's
failure to comply with a final order to refund or credit rent
reductions granted for service diminutions is not a matter subject
to administrative appeal. The tenants may, however, seek relief in
a court of competent jurisdiction.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, Chapter 403 of the Laws of 1984, and
Chapter 102 of the Laws of 1984, it is
ORDERED, that the owner's 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
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