CK 430036 RO
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.: CK 430036 RO
RENT
PETER EVANGELISTA ADMINISTRATOR'S DOCKET
NO.: CB 430023 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 1, 1988 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued July 29, 1988. The order concerned
various housing accommodations located at 101 W. 77th Street, New
York, N.Y. The Administrator ordered a rent reduction for failure
to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on February 9, 1988 when tenants
of 2 of the 24 apartments in the building filed a Statement of
Complaint of Decrease in Building-Wide Services wherein they
alleged the following services deficiencies:
1. Inadequate heat/hot water,
2. Defective windows,
3. Dirty hallways,
4. Excessive noise from restaurant downstairs,
5. No superintendent or regular janitorial service,
6. Buzzer system not functioning for over 1 year,
7. Exposed hall lights and outlets,
8. Water leaks from ceiling on second and third
floors; ceiling buckling,
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9. Inadequate supply of garbage cans for apartment,
10. Rodent and ant infestation.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner failed to respond to the
complaint.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on April 21, 1988 and
revealed the following:
1. No superintendent on premises and no sign posting
superintendent's name and address,
2. Evidence of unpleasant odor in public hallways,
3. Public hallway light fixtures missing covers,
4. Hallway outlets do not have cover plates,
5. Peeling paint and plaster and waterstains on second
floor hallway ceiling,
6. Inadequate hot water temperature,
7. Fire escapes require scraping and painting,
8. Ground floor window requires weather stripping.
The following services were found to have been maintained:
1. Public hall clean,
2. Buzzer and intercom system repaired,
3. Adequate number of garbage cans for building,
4. No evidence of infestation.
The Administrator issued the order here under review on July
29, 1988. A rent reduction of an amount equal to the most recent
guideline adjustment was ordered for rent stabilized tenants. Rent
controlled tenants were granted a rent increase equal to 7 1/2% of
the Maximum legal rent plus $10.00 per month.
On appeal the owner states, "Although we have not received
prior notice of these complaints (before receiving the Order), most
of these items have been corrected and the remaining items are
being corrected promptly." The tenants did not file responses.
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After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the tenants' complaint was served
on the owner at the address set forth in DHCR records. The
remainder of the owner's petition is a statement that most items
have been corrected and the remaining ones will be promptly
corrected. This statement is insufficient to rebut the report of
the inspector. Numerous prior decisions of the Commissioner have
held that such a report is entitled to greater probative weight
than the unsupported allegations of a party to the proceeding.
Pursuant to 9 NYCRR 2523.4 a tenant may apply to the DHCR for
a rent reduction based on allegations that the owner is failing to
maintain required services. The agency is required to reduce the
rent upon finding that services have been reduced. Pursuant to 9
NYCRR 2520.6 (r) repairs and maintenance fall within the definition
of required services. The Rent and Eviction Regulations for New
York City empower the Administrator to order a rent reduction based
on a finding that the owner is not providing required services in
an amount which reflects the reduction in the rental value of the
housing accommodations. The Commissioner's sole determination in
considering this administrative appeal is whether the Administrator
was correct in issuing the order here under review based on the
record at the time of issuance. The Commissioner finds that the
Administrator determined this matter based on the entire record
including the results of the on-site physical inspection which took
place on April 21, 1988. The order here under review is affirmed.
The owner may file for rent restoration when services have been
fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations for New York City 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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