ADM. REVIEW DOCKET NOS.: DC 110175 RT ET AL.
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
APPEALS OF DOCKET NOS.:
DC 110175 RT;
DC 110356 RT;
: DC 110379 RT;
DD 110415 RT
VARIOUS TENANTS
RENT ADMINISTRATOR'S
DOCKET NO.:
CE 110179 OR
PETITIONERS :
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above referenced petitioner-tenants filed timely Petitions
for Administrative Review (PARs) against an order issued on March
20, 1989 by the Rent Administrator at Gertz Plaza, Jamaica, New
York, concerning the accommodations known as 117-01 Park Lane
South, Queens, New York, wherein the Administrator determined the
owner's application filed on July 25, 1988 to restore rents reduced
by an order issued July 18, 1988 per Docket No. BH 130148 B.
The challenged order restored the rents based on the results
of an inspection conducted on October 10, 1988 that confirmed the
owner's assertions that the conditions that gave rise to the rent
reductions had been remedied. The inspector reported that the
elevator and the laundry room equipment were working properly, and
that the roof and basement doors were locked.
On appeal, as below, the tenants continue to assert that
services remain inadequate.
The inspector's report confirmed the owner's statements that
the elevator is serviced and maintained regularly by the owner's
elevator contractor, that the roof door is locked from the inside
as per the City Building Code and Housing Maintenance Code, which
expressly permits a hook and eye latch for roof doors, and that,
while workmen open basement doors occasionally to perform their
ADM. REVIEW DOCKET NOS.: DC 110175 RT ET AL.
duties, staff has been alerted to keep the doors secured at all
times. It is also noted that in a Commissioner's order and opinion
issued on September 23, 1992 (Docket Nos. CB 130183 RO and CC
110415 RO) open roof and basement doors were revoked as bases for
rent abatements, in the absence of evidence of broken or defective
equipment or of a chronic situation.
The evidence of record does not support the tenants'
contentions of continuing services decreases.
The tenants' complaint of inadequate laundry room ventilation
was not a factor in the underlying rent reduction proceedings and,
therefore, is not pertinent to these proceedings, notwithstanding
that the owner has acknowledged that the laundry room ventilation
system was under repair.
This determination is issued without prejudice to the tenants'
right to file complaints for current service decreases, if any.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, the City Rent Control Law and the Rent
and Eviction Regulations, it is
ORDERED, that the tenants' petitions be and the same hereby
are, denied, and that the Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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