DOCKET NO.: DF 430237 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
APPEAL OF ADMINISTRATIVE APPEAL
DOCKET NO. DF 430237 RO
Jonis Realty Management,
DRO DOCKET NO.
CH 430121 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 23, 1989, the above-named petitioner-owner filed an
Administrative Appeal against orders issued on May 23, 1989 by
the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
181 Waverly Place, New York, New York, various apartments.
The issue herein is whether the District Rent Administrator
properly reduced the rent of various rent controlled tenants in
the subject building based upon a building-wide decrease in
services.
The District Rent Administrator's orders, appealed herein,
reduced the rents of rent controlled apartments in the subject
building by $5.00 per month based upon inspections which showed
that the incinerator chute was sealed on all floors; that the
latter service was discontinued; and that the owner did not
provide enough garbage cans thus resulting in inadequate garbage
disposal.
On appeal, the petitioner-owner asserts that the building's
garbage compactor is operational and that there has been no
reduction in garbage removal services; that the New York City
Sanitation Department picks up refuse three times a week and that
the compactor obviates any necessity for garbage cans.
After careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The tenant of apartment 1-C filed a Statement of Complaint
of Decrease in Building-wide Services, on August 22, 1988,
alleging that the owner installed a garbage compactor in 1978,
but that shortly thereafter, the compactor broke down and that
the compactor operation had permanently ceased.
DOCKET NO.: DF 430237 RO
On November 9, 1988, the owner responded alleging that
garbage is removed by compactor only and that there is no basis
for the tenants' complaint.
The major issue presented is whether the tenants are being
provided with garbage removal services.
It is conceded by the parties that a compactor was installed
but they disagree as to whether the compactor is operational.
On March 31, 1989 and April 28, 1989 inspections were
conducted of the subject premises. Both inspection reports
confirmed that the incinerator chute was sealed on all floors;
that incinerator services have been discontinued; that there were
no garbage cans provided for the tenants; that garbage was
accumulated in front of the building; that the compactor is
sealed on all floors and that compactor services have been
discontinued.
Section 2202.16 of the Rent and Eviction Regulations
provides, in pertinent part, that the Administrator may order a
decrease of the maximum rent otherwise allowable, where there has
been a decrease in the dwelling space, essential services,
furniture, furnishings or equipment.
The owner had seven months from the date of service of the
tenants' complaint until the issuance of the Administrator's
order to investigate the tenants' complaint and to make the
necessary repairs, but failed to do so.
The Commissioner finds that the Administrator properly based
his determination on the entire record including the
results of the on-site physical inspections conducted on March
31, 1989 and April 28, 1989; and that pursuant to Section
2202.16(a) of the Rent and Eviction Regulations the Administrator
acted properly in reducing the rent upon determining that the
owner had failed to maintain services.
Accordingly, the Commissioner finds that the District Rent
Administrator properly determined that the owner had failed to
maintain services based on the evidence of record, including the
results of two physical inspections of the subject premises, and
correctly reduced the rent of the rent controlled accommodations
in the subject building.
This Order and Opinion is issued without prejudice to the
owner's right to file the appropriate application with the
Division for a restoration of rents based upon a restoration of
services, if the facts so warrant.
DOCKET NO.: DF 430237 RO
THEREFORE, in accordance with the Rent and Eviction
Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's orders be, and the same hereby
are affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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