CJ130059RO
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.: CJ130059RO
Rego Estates,
RENT ADMINISTRATOR'S
DOCKET NO.: CB130001B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 27, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
September 22, 1988, by the Rent Administrator, concerning the
housing accommodations known as 65-20 Booth Street, Rego Park,
N.Y., various apartments 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 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 issue herein is whether the Rent Administrator properly reduced
the rents of various rent stabilized and rent controlled apartments
in the subject building.
On February 1, 1988, the tenants filed a building-wide complaint
alleging that the owner failed to provide services throughout the
subject building.
The owner was served with a copy of the tenants' complaint, on
February 24, 1988, and provided with an opportunity to file an
answer.
A DHCR inspection conducted on June 8, 1988, revealed that:
CJ130059RO
1. Public hallway windows were soiled.
2. 1st, 2nd, 3rd, 4th and 5th floor compactors rooms were dirty.
3. Lobby has (2) broken windows.
4. Main entrance door lock sticks.
5. Vestibule roof gutter is bent outward.
6. Audio portion of intercom system is inoperative.
7. Vestibule landing has uneven flagstones.
8. Sidewalk has a hole (hazardous).
9. Rear yard and alley have (3) inoperative lights.
On appeal, the petitioner-owner asserted, in pertinent part, that
all services were being provided at all times.
The petition was served on the tenants on December 2, 1988 and in
December of 1988, various tenants filed answers to the petition
stating that the owner failed to correct the service deficiencies.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for a reduction of the legal regulated rent to the level in
effect prior to the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner has
failed to maintain services may result in an order of decrease in
maximum rent, in an amount determined by the discretion of the Rent
Administrator.
The record shows that a Notice and Transmittal of Tenants'
complaint was mailed to the owner on February 24, 1988, at the
owner's correct address but that the owner failed to submit an
answer below.
The Commissioner finds, therefore, that the owner failed to answer
the tenants' complaint and that the inspection confirmed the
existence of those conditions specified in the tenants' complaint.
Nearly seven months had elapsed from the time a copy of the
tenants' complaint was mailed to the owner to the time the Rent
Administrator's order was issued on September 22, 1988.
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A review of the record before the Administrator clearly shows that
the owner did not submit any evidence that the deficiencies noted
on the inspector's report were completed in a workmanlike manner at
the time of the DHCR's inspection or at any time prior to the
issuance of the Administrator's order.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on June 8, 1988, and that
pursuant to Section 2523.4(a) of the Code and Section 2203.16 of
the Rent and Eviction Regulations the Administrator was mandated to
reduce the rent upon determining that the owner had failed to
maintain services.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
determination.
The Commissioner notes that the owner's application to restore the
rent controlled rents based upon restoration of services was
granted in part, on May 4, 1993, under Docket No. GE130185OR.
Upon a complete restoration of services the owner may separately
apply for full rent restoration.
As regards the rent stabilized tenants the automatic stay of the
retroactive rent abatement that resulted by the filing of this
petition is vacated upon issuance of this order and opinion.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York and the Rent Stabilization Law
and Code, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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