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.: DG510037RO
DOCKET NO.: CK530038B
Myong S. Choi,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 12, 1989, the above-named petitioner-owner filed a
petition for administrative review of an order issued on June 28,
1989, by the Rent Administrator, concerning the housing
accommodation known as 51 West 46th Street, New York, New York,
wherein the Administrator reduced the rents of rent controlled
tenants based on a finding of a reduction of services.
The subject premises consists of eleven (11) units. One
tenant commenced the proceedings by filing a complaint asserting
that the owner had eliminated the premises' garbage cans and
storage facilities. Specifically, the tenant stated that the owner
had demolished an enclosure adjacent to the building, and had
removed the trash cans located there.
The owner essentially confirmed the tenant's allegation. The
owner responded that the structure was removed because it was
frequented by vagrants and loiterers who created unsanitary
conditions, and who occasionally harassed and threatened the
tenants. Several tenants submitted signed statements confirming
the owner's claims, and set forth their support for the owner's
action, noting that it had eliminated the harassment the tenants
were formerly subjected to.
The owner and the various tenants also asserted that disposal
of garbage was not a problem, as there was a public trash bin at
the curb, a short distance from the premises, and that trash was
picked up six (6) days a week.
The owner also stated that the tenant had discarded the trash
can he offered the tenant for use in the tenant's apartment, at the
suggestion of a DHCR Enforcement Bureau staff member.
On June 28, 1989 the Administrator issued an order that
directed the owner to restore services and further ordered that
rents for rent-controlled tenants be reduced by $6.00 per month,
based on the results of an inspection conducted on May 11, 1989
that found that no garbage cans were supplied, and that no space
was provided for storage of garbage.
The owner's appeal essentially reiterates and resubmits the
Section 27-2021 and 27-2020 of the New York City Housing
Maintenance Code prescribes the requirements for the collection and
storage of trash for multiple dwelling units. At a minimum, the
owner is required to provide and maintain no less that two
receptacles sufficient to contain the trash accumulation for the
premises, accessible to the tenants either in the morning between
the hours of seven a.m. and ten a.m., or in the evening, between
five p.m. and eight p.m.. As an alternative, pick-up service at
each dwelling unit is expressly permitted.
There is no dispute that services were reduced. While there
is no requirement under either the Rent and Eviction Regulations or
the City Housing Maintenance Code, that demand that the owner
rebuild and restore the trash enclosure structure, the owner is
required to provide for the collection and storage of trash, in
accordance with the applicable provisions of the City Housing
Maintenance Code as cited above.
Consequently, the Administrator's rent reduction order was
correct and should be affirmed.
THEREFORE, in accordance with the Rent and Eviction
Regulations for New York, and the City Rent Control Law, it is,
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby is,
Joseph A. D'Agosta