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.: CK110102RO
SJL Parc Plaza Company, : RENT ADMINISTRATOR'S
DOCKET NO.: CE110046B
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 39-60 54 Street, Elmhurst, New York.
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 petition.
The tenants commenced the proceeding below by filing a complaint on
May 11, 1988, asserting that the owner had failed to maintain
certain services in the subject building.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter on August 26, 1988, an inspection of the subject
building was conducted by a D.H.C.R. inspector who confirmed the
existence of the following defective conditions:
1. The garage ceiling and walls leak due to
cracks.
2. No doorman present at the time of
inspection. (Doorman services is being
processed under Docket Number CE130006B).
The Rent Administrator determined that a rent reduction is not
warrant but directed restoration of services.
In its petition for administrative review, the owner states, in
substance, that the building was converted to a cooperative in
August 1983; SJL Parc Plaza Company is responsible for the
apartment lease; the Cooperative Corporation is responsible for the
garage lease, and the order to restore services should be directed
to 39-60 54th Street Owners, Inc.
The DHCR served a copy of the petition on the tenant on January 25,
1989.
Doc. #CK110102RO
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the restoration of services upon application by
the tenant, where it is found that the owner has failed to maintain
required services. The owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject building.
Section 2520.6(i) defines an owner to include "a proprietary lessee
of a housing accommodation in a structure or premise owned by a
cooperative corporation or association." The owner herein
identified itself as the owner of the shares allocated to the
subject apartment and is, therefore, correctly identified as the
owner on the order and is the entity obligated to secure compliance
by the appropriate party with the directive to restore services.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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