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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.:
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HARRY OTTERMAN,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BL110018B
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
AND REVOKING RENT REDUCTION FOR APARTMENT 1-O
The above-named petitioner-owner filed a timely petition for admin-
istrative review (PAR) of an order issued concerning the housing
accommodation known as Apartment 1-O, 92-11 35th Avenue, Jackson
Heights, New York, wherein the Rent Administrator determined that
certain conditions in the building constituted building-wide
service reductions and ordered the maximum legal rent reduced by
$5.00 per month.
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 petition.
The record reveals that one rent stabilized tenant filed a com-
plaint on December 2, 1987, asserting that the owner had failed to
maintain certain building-wide services.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, inspections of the subject building were conducted on
March 2, 1988 and August 18, 1988, by a Division of Housing and
Community Renewal (DHCR) inspector who confirmed the existence of
the following defective conditions:
1. Windows cracked on 1st, 2nd, 3rd, 5th and 6th
floors in west section.
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2. East section windows cracked on 1st through
6th floors.
3. Basement windows have not been repaired
completely.
4. Sign denoting super's name, address, apartment
no. and telephone no. for emergency purposes
must be posted in the public hall.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum rent by $5.00 per month
for all rent controlled tenants in the building. For the one rent
stabilized tenant who filed the complaint, it was determined that
a rent reduction was not warranted.
The owner, through counsel, filed a petition for administrative
review of the rent reduction order issued for Apartment 1-O only,
stating in substance, that the order should be revoked because it
was addressed to the building's prior owner and notification was
never sent to current owner, and that the rent was reduced for
conditions totally unrelated to those stated in the complaint.
The DHCR served a copy of the petition on the tenant on January 18,
1989.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted and the rent reduction for
Apartment 1-O should be revoked.
A review of the record reveals that the complaint was filed by only
one rent stabilized tenant, not joined by any other tenant of the
building. In the absence of even one rent controlled tenant
joining in the proceeding, the owner was not on notice that the
jurisdiction of the Rent Control Law was being invoked, with the
possibility of rent reductions for all controlled tenants in the
building. It was, therefore, a denial of the owner's right to due
process to reduce the subject tenant's rent by $5.00 per month and
the order must be revoked.
Any rent arrears due as a result of this order may be paid by the
tenant in installments of $5.00 per month until all arrears are
repaid.
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THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is, granted,
and the Administrator's order be, and the same hereby, is revoked
for Apartment 1-O.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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