STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DB410246RT
SUE HARRISON RENT ADMINISTRATOR'S
DOCKET NO.: BJ410105B
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
AND AMENDING RENT ADMINISTRATOR'S ORDER
The above-named tenant filed a timely petition for
administrative review of an order issued on February 3, 1989
concerning the housing accommodation known as 202 West 84th Street,
New York, New York, Apartments 1RE, wherein the Administrator
determined the tenants' joint complaint of a reduction of services
building-wide. The tenant's petition was served on the owner.
Based on the results of an inspection of the subject premises
conducted by a DHCR inspector who confirmed the existence of
various defective conditions, the Rent Administrator determined
that there had been a reduction of services, directed that the
services be restored, and ordered a reduction of each tenants'
legal regulated rent by the percentage of the most recent
guidelines adjustments for the tenants' lease which commenced
before the effective date of the rent reduction, January 1, 1988.
In this petition for administrative review, the tenant asserts
that she is a rent controlled tenant and requests that the order be
amended to reflect specific dollar amounts for each of the
conditions found, in accordance with the Rent and Eviction
Regulations. In fact, an examination of DHCR records confirms that
the petitioner is rent stabilized tenant of the subject apartment,
(1RE), as well as a rent controlled tenant of Apartment 1R,
presumably an adjoining apartment.
The Administrator was correct insofar as the order granted the
tenant a rent stabilization rent reduction for Apartment 1RE. The
Commissioner is of the further opinion that the tenant was also
entitled to rent control rent reductions as the tenant of Apartment
1R. Rent controlled tenants benefit from a rent reduction based on
a decreased in building-wide services, even if the tenant had not
signed complaint, if at the least one rent controlled tenant signed
the complaint. Accordingly, the Administrator's order should
reflect additional rent reductions for the tenant for Apartment 1R,
of $32.00 for month effective March 1, 1989, the first rent payment
day following the issue date of the Administrators order as
1) There are broken cracks in the public area floor $ 5.00
landing throughout subject premises.
2) There is garbage accumulation in the basement of 5.00
3) There is loose wiring in the basement. 2.00
4) There is inadequate janitorial services 5.00
through-out the public premises.
5) There are cracked front, entrance, and basement 5.00
steps in subject premises.
6) The basement concrete floor is broken and cracked. 5.00
7) The front entrance door buzzer is inoperative. 5.00
8) A new identification sign shall be posted and
maintained within five days following a change of
janitor with name, address, apartment and telephone ----
number, in accordance with the Housing and Maintenance
If excess rent was paid by the tenant, said excess shall be
credited to the tenant in full, commencing with the rent payment
date immediately following the issuance of this order.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is,
granted, in part, to the extent that the Administrator's order be,
and the same hereby is, amended to provide the tenant additional
rent reductions as the rent controlled tenant of Apartment 1R. The
rent stabilization rent reduction granted the tenant for Apartment
1RE is, affirmed.
Joseph A. D'Agosta