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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.: CJ430019RT
LISA SERRADILLA RENT
ADMINISTRATOR'S DOCKET
NO.: BJ430096B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 5, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued August 29, 1988. The order concerned various
housing accommodations located at 407 E. 81st Street, New York,
N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required building-
wide services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on October 30, 1987 when 14 of
the 19 building tenants joined in filing a Statement of Complaint
of Decrease in Building-Wide Services wherein they alleged, in sum,
that the owner was not maintaining certain required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner did not respond.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on March 21, 1988. The
building was reinspected on May 2, 1988. The inspector reported the
following:
1. Insufficient number of garbage cans,
2. Building entrance door does not close shut and has
no lock,
3. Dirty air shaft,
4. Poor public hall lighting due to various missing
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light bulbs,
5. Second floor public hall ceiling in need of
scraping and pointing,
6. Step cracked on first floor stairs.
All other services were found to have been maintained.
The Administrator issued the order here under review on August
29, 1988. Rent stabilized tenants were granted a rent reduction of
an amount equal to the percentage of the most recent guidelines
adjustment for the tenants' leases commencing prior to January 1,
1988. Rent controlled tenants were granted a rent reduction of
$17.00 per month.
On appeal the tenant states that rent reductions should have
been ordered for the following conditions as well as those cited in
the order here under review: public halls in need of cleaning, loud
banging of pipes, smell arising from air duct, lack of emergency
support service on weekends and holidays, trash in bottom of
airshaft, leaking skylight and defective intercoms. The petition
was served on the owner on November 16, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner's review of the record reveals that the
building was inspected for the conditions relating to the dirty
public hallways, air duct odor, lack of support service, leaking
skylight and defective intercoms. The existence of the conditions
was not confirmed by the inspections described above. With regard
to the conditions relating to the pipes and garbage at the bottom
of the airshaft, the Commissioner's review of the complaint in this
proceeding reveals that the tenants never included these items.
Since the owner was not on notice of the existence of these
conditions, the tenants could not be granted a rent reduction.
The order here under review was correctly issued and is
affirmed. The Commissioner notes that the owner's rent restoration
application (Docket No. FJ4300055OR) has been granted by the
Administrator.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations for New York City it is
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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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