CH430121RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CH430121RT
Miriam M. Reik
Tenant Representative,
RENT ADMINISTRATOR'S
DOCKET NO.: LCS000388B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO THE ADMINISTRATOR
On August 23, 1988, the above-named tenant filed a timely petition
for administrative review of an order issued on July 27, 1988 by
the Rent Administrator, concerning the housing accommodation known
as 760 West End Avenue, New York, New York, wherein the
Administrator denied the tenants' complaint of a decrease in
services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by the tenants of a
complaint of decrease in services alleging that the owner, since
January 1, 1985, does not provide a telephone in a public area of
the building for use by building staff in reaching police, fire, or
repair services; and, that the management's answering service and
the superintendent's beeper were also discontinued and neither is
reachable at off hours.
A copy of the tenants' complaint was served on the owner who
responded as follows: the public telephone is not a required
service, nor is the superintendent's beeper; the managing agent has
a 24 hour answering machine; that because of the manual elevators
the premises is staffed 24 hours a day; that the superintendent
lives on the premises; and that building staff can use the super's
phone. The owner also states that inasmuch as
every tenant has a phone in his apartment, a telephone in the
basement of the building is, in essence, useless.
CH430121RT
After careful consideration, the Commissioner is of the opinion
that the petition should be granted and the proceeding remanded to
the Administrator.
The tenant's complaint raised the issue of the removal of the
phone. There is no evidence in the record to indicate that the
Administrator addressed this portion of the tenants' complaint.
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, granted,
and that the Rent Administrator's order be, and the same hereby is,
remanded for determination in accordance with this order and
opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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