DB410247RT
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.: DB410247RT
DB410248RT
MARGARET PADILLA; DB410249RT
AURA ACEVEDO;
J. DERGURAHIAN/M. KOVALEVICK RENT ADMINISTRATOR'S
DOCKET NO.: BJ410105B
PETITIONER
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named tenants filed timely petitions 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 1RW, 4E, and 5E, wherein the
Administrator determined the tenants' joint complaint of a
reduction of services building-wide. The tenants' petitions were
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 these petitions for administrative review, the tenants
assert that they are rent controlled tenants and request that the
order be amended to reflect specific dollar amounts for each of the
conditions found, in accordance with the Rent and Eviction
Regulations.
An examination of DHCR records confirms that the petitioners
are rent controlled tenants. Accordingly, as to these tenants, the
Rent Administrator's order is amended to reflect a rent reduction
of $32.00 per month, effective March 1, 1989, the first rent
payment day following the issue date of the Administrator's order,
as follows:
DB410247RT
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
subject premises.
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
Code. =====
TOTAL: $32.00
If rent arrears are due the owner from the tenants as a result
of this order, they shall be paid in monthly installments not to
exceed the difference between the monthly rent reduction afforded
the tenants to date, if any, and the monthly rent reduction per the
instant determination ($32.00).
If, on the other hand, excess rent was paid by the tenants,
said excess shall be credited to the tenants in full, commencing
with the rent payment immediately following the issuance of this
order.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the City Rent and Eviction Law and Regulations, it is,
ORDERED, that these petitions be, and the same hereby are,
granted, and that the Rent Administrator's order be, and the same
hereby is, amended to reflect rent reductions in accordance with
the Rent and Eviction Regulations, in accordance with the above.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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