STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CI120091RT
FRITZI DE MAJO RENT ADMINISTRATOR'S
DOCKET NO.: BL120058B
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants timely refiled petitions for
administrative review (PAR) of an order issued on July 28, 1988, by
the Rent Administrator, concerning the housing accommodations known
as Various Apartment at 40-15 Hampton Street, Elmhurst, New York,
wherein the Administrator determined that certain services were not
being provided, directed restoration of such services, and ordered
a rent reduction.
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.
A review of the record reveals that on December 21, 1987 one tenant
filed a complaint of a decrease in building-wide services, alleging
that the elevator has been in and out of service all year.
In answer to the complaint, the owner stated that the elevator is
kept in proper working condition pursuant to a service contract
with an elevator company.
A physical inspection by a DHCR employee on February 22, 1988
revealed several defects in the operation of the elevator.
Based on this inspection report, the Rent Administrator issued
orders reducing the maximum legal rent of all rent controlled
tenants in the building by $20.00 per month.
In the petitions for administrative review, the tenants assert in
substance, that the elevator has several other defects that are not
listed in the Administrator's order.
The petitions were served on the owner and the owner responded that
the elevator is operating properly and that no violations were
reported when the NYC Buildings Department inspected the premises
in June 1988.
After careful consideration, of the evidence of record, the
Commissioner is of the opinion that the petitions should be denied.
The Rent Administrator's order accurately reflected the conditions
reported by the Division's inspector and pursuant to Section
2202.16 ordered a rent reduction in amounts reflecting the reduced
rental value of the premises because of the defects in elevator
service. The general statement in the complaint regarding sporadic
service did not describe the specific defects raised by the tenants
in their petitions. The tenants are advised to file new complaints
alleging in detail the problems they asserts should be
investigated, if these conditions persist.
THEREFORE, in accordance with the Rent and Eviction Regulations,
for the City of New York, 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,
JOSEPH A. D'AGOSTA