CI220148RO
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.:
CI220148RO
2610 Glenwood Management Co.,
RENT ADMINISTRATOR'S
DOCKET NO.:
BK220106B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 12, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 10, 1988, by the Rent Administrator, concerning the housing
accommodations known as 2610 Glenwood Road, Brooklyn, N.Y., various
tenants, wherein the Administrator determined that a reduction in
rent was warranted based upon a reduction in services. The Rent
Administrator also directed full restoration of services.
The Commissioner has reviewed all 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 reduced
the rents of various rent controlled apartments in the subject
building.
On November 17, 1987, the rent controlled tenant of Apartment 3-J
filed a building-wide complaint alleging that the owner failed to
maintain various specified building-wide services and that a rent
reduction was warranted.
The owner filed an answer to the complaint alleging that all
services specified in the complaint are being provided.
A DHCR inspection conducted on March 14, 1988, revealed that the
public area walls, ceilings and staircases were dirty; the first
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floor had loose and broken flooring; there was exposed wiring in
the public area; there was inadequate lighting at the front
entrance to the subject building; and the mailbox frames were
damaged.
On appeal, the petitioner-owner asserted, in pertinent part, that
the complaint was only signed by the rent-controlled tenant of
apartment 3-J and that box 5 of the building-wide complaint form
was altered by the tenant to read "individual complaint." The
owner further alleged that only tenants who have signed the
complaint are entitled to a rent reduction.
The petition was served on the tenants on October 20, 1988.
After a careful consideration of the entire evidence or record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The Commissioner has considered the owner's claim that the Rent
Administrator erred by reducing the rents of the rent-controlled
tenants and rejects this argument.
Section 2202.16 of the Rent and Eviction Regulations provides, in
pertinent part, that the Administrator may order a decrease of the
maximum rent otherwise allowable based on a finding that there has
been a decrease in essential services required to be provided. The
rent is to be decreased by that amount which the Administrator
finds to be the reduction in the rental value as a result of the
decrease in services. If there is a finding of decrease of a
building-wide service, the rental value of all controlled
apartments in the building is affected.
All rent-controlled tenants are entitled to a rent reduction where
building-wide service deficiencies are shown as long as at least
one rent-controlled tenant has signed the complaint.
In the instant proceeding, a Statement of Building-wide Complaint
was filed on November 17, 1987, by one rent controlled tenant in
the building. In answer to the complaint, the owner asserted that
all repairs had been or would be completed. On March 14, 1988, an
inspection was conducted of the subject premises. The inspection
report confirmed that existence of a number of building-wide
service deficiencies noted in the tenant's complaint.
The Commissioner finds, therefore, that the Administrator properly
based his determination on the entire record including the results
of the on-site physical inspection conducted on March 14, 1988; and
that pursuant to Section 2202.16(a) of the Rent and Eviction
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Regulations, the Administrator acted properly in reducing the rent
of all rent controlled tenants upon determining that the owner had
failed to maintain services.
The Division's records reveal that the owner's rent restoration
application was granted on August 4, 1989, under Docket No.
CL220095OR.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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