CK120079RT
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.: CK120079RT
DISTRICT RENT
P. GREGORY ADMINISTRATOR'S DOCKET
NO.: BJ120824S
PETITIONER
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On November 2, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued October 11, 1988. The order concerned housing
accommodations known as Apt 23 located at 31-06 38th Street,
Astoria, N.Y. The Administrator denied the tenant's application
for a rent reduction based on decreased services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on October 15, 1987 by
filing a Statement of Complaint of Decrease in Services wherein he
alleged that the owner was denying access to the cellar storage
space area. The tenant further stated that other tenants were
permitted access to this area and that the only way to gain access
to the cellar is to request the building superintendent to unlock
the door leading to the cellar. The tenant alleged that the
superintendent is never home during the daytime hours. The tenant
attached a copy of an answer filed by the landlord in a proceeding
before the New York City Office of Rent Control in 1979, wherein
the landlord stated that no tenants would be allowed to have keys
to the basement and would have to contact the owner for access.
The complaint was served on the owner listed in the tenant's
complaint. No response is contained in the record.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on June 10, 1988. The
inspector stated that the cellar door was padlocked at the time of
inspection. The inspector also reported that the superintendent
was unavailable at the time of inspection.
CK120079RT
The Administrator issued the order here under review on
October 11, 1988 finding, after consideration of the evidence in
the record, that the relief requested pursuant to the Rent and
Eviction Regulations was not warranted. The application was denied
without prejudice to the tenant's right to refile if additional
facts could be shown to warrant relief.
On appeal the tenant argues that, based on the failure of the
inspector to gain access to the cellar, the Administrator was
incorrect in dismissing the application. The tenant reasserts that
he is being denied access to the storage area and that the
superintendent is unavailable during the daytime hours.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the proceeding should be remanded to the Administrator for
further processing.
Pursuant to Section 2202.16 of the Rent and Eviction
Regulations, the Administrator may order a rent reduction based on
a finding of a decrease in essential services. The rent decrease
is to be in an amount which reflects the reduced rental value of
the subject apartment because of the decrease in essential
services. Essential services are defined in Section 2202.2 of the
Rent and Eviction Regulations as those services furnished or
required to be furnished on April 20, 1962 or a subsequent date
determining the maximum rent.
Although the record in the instant case tends to support the
tenant's complaint that access to storage space was formerly
provided and is no longer available, for which a rent reduction
would be warranted, the Division's records reveal that neither the
complaint nor the order were served on the registered owner. Before
determining if a rent reduction should be ordered, the owner should
be served with the complaint and afforded an opportunity to
respond. Another inspection or further investigation into the
extent and availability of access to the storage area on the base
date may be required.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that this petition be, and the same hereby is,
CK120079RT
granted, that the Rent Administrator's order be, and the same
hereby is, revoked and that this proceeding be, and the same hereby
is, remanded to the Administrator for further processing.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
