Docket Number: DC-130184-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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. DC 130184-RO
:
94-06 34TH ROAD ASSOC., DRO DOCKET NO. CD 130008-B
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 9, 1989, the above-named petitioner-owner filed a Petition
for Administrative Review (PAR) against an order issued on February
6, 1989, by the Rent Administrator at Gertz Plaza, Jamaica, New York
concerning the housing accommodations known as 94-06 34th Road,
Jackson Heights, New York, wherein the Rent Administrator reduced
the tenant's rent on a finding of a building-wide reduction of
services.
The issue in these proceedings is whether the Administrator's
determination was correct.
The applicable law is Section 2523.4 of the Rent Stabilization Code
and Section 2202.16 of the Rent & Eviction Regulations.
The tenants commenced these proceedings on April 14, 1988 by filing
a joint complaint alleging a decrease in various building-wide
services. Specifically the tenants alleged that the bell/intercom
system was defective; that the front door lock was broken; that
smoke was seeping from the incinerator into the hallways and
apartments; that hallway floors, stairs and incinerator rooms were
dirty; and that incinerator rooms were infested with vermin.
On May 27, 1988, the responded that a full time superintendent
regularly cleaned public areas, but that some tenants refused to
properly dispose of garbage, that a new intercom and bell/buzzer was
in the process of being installed, that the elevators had been
repaired, and that elevator and incinerator problems were promptly
addressed by the owner's independent contractors.
An inspection conducted on November 10, 1988 by a member of
Division's inspection staff confirmed that the intercom and
bell/buzzer systems were inoperative, and that the incinerator room,
elevators and public areas were dirty. The inspector found the
front door locked and the elevator to be operating properly.
On February 6, 1989, the Administrator issued orders, reducing the
rent stabilization tenants rents by the percentage of the most
recent guideline adjustment for each tenants' base which commenced
before the effective date of the rent reduction, June 1, 1988. The
rents for rent controlled tenants were reduced by $7.00 per month,
effective on the first rent payment day following the issue date of
the order, for the defective intercom and bell/buzzer systems
Docket Number: DC-130184-RO
($4.00), and for dirty public areas ($3.00).
In the petition the owner reiterates that new intercom and bell
buzzer systems were installed and that public areas were cleaned and
mopped daily.
Several tenants responded that in substance, that the conditions
found had not been addressed, and that services found to be adequate
at the time of inspection were, in fact, not adequate or that
service reductions had reoccurred. Some tenants also alleged
diminutions of various individual apartment services.
After careful consideration the Commissioner is of the opinion that
the petition should be denied.
The Commissioner notes that the inspectors' observations established
that certain conditions continued to exist seven (7) months after
the tenants initiated their complaints. Although the owner avers
that new intercom and bell/buzzer systems were installed, they were
not operating properly at the time of inspection. Despite
statements that areas were cleaned regularly, the public areas were
found to be dirty at the time of inspection. Consequently, the
owner remained responsible for providing janitorial services
adequate to remedy the conditions found.
Concerning the tenants statement that certain services found to be
adequate were, in fact, not being provided, the Commissioner notes
that an answer to the owner's petition is not the proper vehicle to
object to the Administrator's findings below. Having failed to
file proper administrative appeals in a timely manner, the tenants
may not protest the Administrator's findings herein.
Similarly, the tenants answers herein are not the proper vehicle to
commence proceedings pertaining to individual apartment service
reductions.
This order is issued without prejudice to the tenants' rights to
apply in the prescribed manner for rent reductions for current
service reduction.
THEREFORE, in accordance with the provisions of the Rent & Eviction
Regulations, the Rent Stabilization Law and Code, Chapter 403 of the
Laws of 1984, and Chapter 102 of the Laws of 1984, it is
ORDERED, that the owner's petition be and the same hereby is,
denied, and the Administrator's be, and the same hereby is affirmed,
as provided above.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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