DHCR Decisions
DB 110239-RO, DF 110343-RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.:
DB 110239-RO
DF 110343-RO
KINGSWOOD MANAGEMENT RENT ADMINISTRATOR'S
KUCKER KRAUS & BRUH, DOCKET NOS.:
ZCD 110009-B
PETITIONERS ZCK 130022-B
----------------------------------x
ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
UNDER DOCKET NO. DB 110239-RO AND AFFIRMING ADMINISTRATOR'S ORDER
UNDER DOCKET NO. ZCD 110009-B; GRANTING APPEAL UNDER
DOCKET NO. DF 110343-RO AND REVOKING ORDER UNDER
DOCKET NO. ZCK 130022-B
The above-named petitioner-owner timely filed Administrative
Appeals against orders issued on February 2, 1989 and May 22,
1989, by the District Rent Administrator (Gertz Plaza, Jamaica,
New York) concerning the housing accommodations known as 144-21
79th Avenue, Queens, New York, various apartments, wherein the
Administrator granted rent reductions for t e stabilized apart-
ments in the subject premises based on the owner's failure to
maintain services.
The tenant of Apartment 3-E commenced the proceeding below by
filing with the Administrator a complaint of reduction in ser-
vices in April of 1988, stating that the playground area and the
water fountains at the premises needed repairs. In response to
the complaint, the owner filed an answer stating, in substance,
that the playground was not part of base date service.
The District Rent Administrator's order under Docket No ZCD
110009-B, appealed herein, granted the tenant's application and
reduced the stabilized rent.
This order was based upon a physical inspection conducted by this
Division on January 11, 1989.
The Commissioner notes that a separate Docket No. (ZCK 130022-B)
was inadvertently assigned to the tenant's complaint and a second
rent reduction order was issued under that Docket. The owner's
Administrative Appeals against both dockets are consolidated in
this proceeding for a uniform determination herein.
DB 110239-RO, DF 110343-RO
On appeal, the petitioner-owner contends, in substance, that
(A) in its answer in the proceeding below, the owner expressly
denied that the services alleged by the tenant were base date
services; (B) the tenant submitted no evidence supporting his
allegation that the playground swings and seesaw and the water
fountain were base date services; (C) the petitioner managing
agent of the rent regulated apartments has no legal authority to
force the Co-operative Board at the subject premises to replace
the swings and seesaw or restore the water fountain; (D) the
petitioner cannot be penalized for not maintaining services which
are solely under the control of the Co-operative Board; (E) the
inspection was done without affording the owner either notice of
the inspection or an opportunity to make the required repairs or
reply to the inspection report; (F) the Division of Housing and
Community Renewal (DHCR) was in other proceedings notified the
owners of the inspector's findings and afforded the owner an
opportunity to make any required repairs; and (G) a duplicate
complaint was filed by the tenant under Docket No. CK 13022-B.
In response to the owner's appeal, the tenant of Apartment 3-E
stated, in substance, that:
1. He was living at the premises since 1966 and since
that time the tenants had functioning playgrounds
kept in good repair;
2. The majority of the Co-op Board is controlled by
the owner;
3. The DHCR does not notify parties prior to the
initial building-wide inspection; and
4. The owner has an opportuni y to correct any de-
fects after receiving notice of the tenant's
complaint and prior to the physical inspection.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
under Docket No. DB 110239-RO should be denied, and the appeal
under Docket No. DF 110343-RO should be granted.
Concerning the petitioner's contentions with respect to required
services and legal authority to restore services, the records of
this Division disclose that in November of 1989, the petitioner
herein filed a Rent Restoration Application in which it certi-
fied that the playground areas and the water fountain services
were restored and that the owner will continue to maintain all
services. This application was granted on August 23, 1990
(Docket No. ZEA 110066-OR). Thus, the petitioner has acknowl-
edged that the services herein are required and that it has
authority to restore them.
Furthermore, in processing the tenant's complaint, the Adminis-
trator followed the practice of this Division as it pertains to
DB 110239-RO, DF 110343-RO
complaints of decrease in services. The owner was served with a
copy of the tenant's complaint, was afforded an opportunity to
file an answer, and had approximately nine months in which to
make any necessary repairs prior to the physical inspection.
On the basis of the entire evidence of record, it is found that
the Administrator's order under Docket No. ZCD 110009-B was
correct and should be affirmed. The order under Docket No. ZCK
130022-B is hereby revoked.
THEREFORE, in accordance with the applicable provisions of the
Rent Stabilization Code and Operational Bulletin 84-1, it is
ORDERED, that the administrative appeal under Docket No. DB
110239-RO be, and the same hereby i , denied; that the admin-
istrative appeal under Docket No. DF 110343-RO be, and the same
hereby is, granted; that the Administrator's order under Docket
No. ZCK 130022-B be, and the same hereby is, revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|