CD130248RT
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.:
CD130248RT
JO ANN LEVINE,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO.:
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 27, 1988, the above-named petitioner-tenant timely refiled
a petition for administrative review (PAR) of an order issued on
March 19, 1986, by the Rent Administrator, concerning the housing
accommodation known as 39-25 51st Street, Sunnyside, New York,
wherein the Administrator determined that a security guard for the
garage area is a required service, directed the owner to restore
the service within 35 days, and reduce the rent.
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 proceeding was commenced by the filing by the tenants of a
complaint of decrease in services alleging that security guard
services had been discontinued.
On September 4, 1985, a hearing was held wherein the Administrative
Law Judge found that a security guard in the garage area between
the hours of 3 and 11 p.m., 5 days per week, is a required service
and an order to this effect was issued on March 19, 1986, by the
Administrator.
In the PAR, the tenant contends that the rent decrease should have
spanned the entire period during which there was no security guard.
Instead, the tenant contends, only one month's decrease was allowed
because the owner filed for and was granted restoration one month
after the order was issued.
CD130248RT
The tenant further claims that security guard services for the
building, and not just the garage, were provided on the base date
and should have been found to be required services.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner rejects the tenant's contention that the security
guard was provided for the building as well as the garage area.
The tenant submits no evidence to refute the finding below and
tenant's bare allegation is not supported by the record and found
to be without merit.
The tenant appears to be mistaken regarding the effective date of
the Administrator's order.
An order reducing the rent is, pursuant to the Rent Stabilization
Law and Code, effective the first rent payment date following
service on the owner of the tenants' complaint.
The order herein appealed, issued March 19, 1986, reduced the
tenants' rent retroactive to the first day of the month following
the date of service on the owner of the tenant's complaint. The
Hearing officer determined the effective date to be November 1,
1984.
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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