CB410119RT
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.: CB410119RT
VARIOUS TENANTS OF
1409 SECOND AVENUE, NEW YORK, N.Y. RENT ADMINISTRATOR'S
DOCKET NO.: BH410135B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 26, 1988, the above-named petitioner-tenants filed a
petition for administrative review (PAR) of an order issued on
January 22, 1988, by the Rent Administrator, concerning the housing
accommodations known as 1409 Second Avenue, various apartments, New
York, N.Y., wherein the Administrator determined that a reduction
in rent was not warranted based upon a reduction in services
because an inspection held on December 2, 1987 showed that all
conditions have been corrected.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly denied
the tenants' application for a reduction in rent based upon a
decrease in services.
On August 14, 1987, two tenants joined in filing a building-wide
complaint alleging that the subject building was vermin infested.
The owner filed an answer to the complaint, on October 22, 1987,
alleging that the subject premises has been continuously serviced
by an extermination company.
A DHCR inspection conducted on December 2, 1987, revealed no
evidence of infestation.
On appeal, the petitioner-tenants asserted, in pertinent part, that
CB410119RT
the DHCR failed to visit individual apartments in the subject
premises and that the infestation problem persists in the
apartments.
The petition was served on the owner on May 6, 1988.
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, the DHCR
is required to order a rent reduction, upon application by a
tenant, where it found that an owner has failed to maintain
required services.
The Commissioner finds that the tenants' petition does not
establish any basis for modifying or revoking the Administrator's
order which determined that, based on the inspection results, the
owner was maintaining required services and that a rent reduction
was not warranted. If an infestation problem still exists within
the tenant's apartment, the tenant is advised to file an individual
apartment services complaint. According to the Division's records,
no such complaint has been filed at any time since the order
appealed herein was issued.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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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