CC410043RO
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.: CC410043RO
ELSIE COULSON BLOCH RENT
ADMINISTRATOR'S DOCKET
NOS.: BG430030B
PETITIONER BF410533S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On March 8, 1988 the above-named petitioner-owner filed a
Petition for Administrative Review against orders of the Rent
Administrator issued February 4, 1988 and February 9, 1988. The
orders concerned housing accommodations known as Apts. 3A, 3B and
1A located at 38 E. 75th Street, New York, N.Y. The Administrator
directed restoration of services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant of Apt. 3A commenced a proceeding on June 18, 1987
by filing a Statement of Complaint of Decrease in Services. The
complaint was assigned Docket No. BI410533S. On July 10, 1987 three
tenants, one of whom was the tenant of Apt. 3A, joined in filing a
complaint alleging decreased building services. The complaint was
assigned Docket No. BG430030B. In both complaints it was alleged,
in relevant part, that the owner was no longer providing basement
storage space.
The owner was served with a copy of the complaints and
afforded an opportunity to respond. The owner filed responses in
each proceeding and, in sum, stated that none of the complaining
tenants was entitled to free storage space.
The Administrator ordered physical inspections of the subject
building in both proceedings. The inspections confirmed the
tenants' allegations to the effect that they no longer had access
to the basement storage space, as such access was discontinued in
1984.
On December 11, 1987, in Docket No. BG430030B, the
CC410043RO
Administrator sent a notice to the three tenants who joined in
signing the building-wide services complaint. The tenants were
requested to
provide a sworn and notarized affidavit regarding the providing and
discontinuance of the storage space. The tenants submitted such an
affidavit, duly notarized, on December 28, 1989.
The Administrator issued the order in Docket No. BI410533S on
February 4, 1988. The order in Docket No. BG430030B was issued on
February 8, 1988 In each order the Administrator directed the
owner to restore storage space. A rent reduction was not ordered in
either proceeding.
On appeal the owner supplied the Commissioner with copies of
two Stipulations of Settlements, between it and the tenants of
Apts. 3A and 1A, concerning legal actions brought by the parties in
New York State Supreme Court and New York City Civil Court. Both
tenants agreed, among other things, to withdraw all proceedings.
The Division's records reveal that the tenant of Apt. 3A has
vacated the subject apartment, apparently pursuant to this
settlement.
After careful review of the evidence in the record and the
above mentioned Stipulations of Settlement, the Commissioner is of
the opinion that the petition should be granted in part and the
order issued in Docket No. BI410533S should be revoked. The order
issued in Docket No. BG430030B should be modified to order
restoration of services only for the tenant of Apt. 3B.
The Commissioner agrees that the stipulations entered into
between the tenants of Apts. 1B and 3A and the owner are proof that
these tenants wished to withdraw their complaints before the
agency. However, the owner has not put forth any such proof with
regard to the tenant of Apt. 3B. The Commissioner finds, with
regard to that tenant, that the Administrator adequately
investigated this issue and that the order directing restoration of
services was correctly premised on the inspector's report and the
tenant's notarized statement described above. The building-wide
order directing restoration of services is affirmed with regard to
the tenant of Apt. 3B.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
CC410043RO
ORDERED, that this petition be, and the same hereby is,
granted in part, that the Rent Administrator's order in Docket No.
BI410533S be, and the same hereby is, revoked and that the order
issued in Docket No. BG430030B be, and the same hereby is, revoked
with regard to the tenants of Apt. 3A and 1B and affirmed with
regard to the tenant of Apt. 3B.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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