Docket No. DK 930085-RO
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.: DK 930085-RO
NO.: GCG 830062-B
Premises: 70 Virginia
Jerry Rogovin PETITIONER
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 14, 1989, the above-named owner filed a timely
petition for administrative review of an order issued concerning
the housing accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenants commenced this proceeding on July 1, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject premises, specifically, that the owner had
discontinued van service.
In its Answer, filed on August 25, 1988, the owner responded
that "van service is being provided. Landlord requests dismissal
of this docket."
The Tenant Representative was served with a copy of the above
Answer, and replied in October 4, 1988 that van service had been
restored only partially.
The owner stated on November 8, 1988 that any problems with the
van service had been due to "a misunderstanding on the part of the
van driver", and that service had since been fully restored.
On October 11, 1989, the Rent Administrator directed
restoration of these services and further ordered a reduction of
Docket No. DK 930085-RO
the regulated rent, effective May 1, 1988 through March 1, 1989.
In its petition for administrative review, the owner argues
that the effective date of the Order is incorrect since it was
served with the tenants' complaint on August 1988, and van service
was fuly restored on October 26, 1988.
The Owner further argues on appeal that the Administrator's
Order should be rescinded, since the decrease in service was the
result of a "misunderstanding" by the van driver, as the owner
originally explained to the Administrator below.
The Commissioner is of the opinion that this petition should be
The owner's arguments as to the Effective Dates of the
Administrator's Order have been rendered moot by GCG 830062-B/GDL
830004-RP, issued by the Administrator on May 30, 1990, which
changed the Effective Dates of the Administrator's Order to August
1988-November 1, 1988, corresponding to the "Proper Effective
Dates" noted by the Owner in its petition.
The owner's argument concerning the "misunderstanding" of the
van driver is without merit. The owner is responsible for the acts
of its agents.
The Commissioner notes that various tenants, in response to the
owner's appeal have demanded that the Effective Date of the rent
reduction be charged to December 1987, the date of the cessation of
bus service. Per the relevant Tenant Protection and Rent and
Eviction Regulations, the Effective Date of a Rent Reduction is
determined by the date of service of the tenant's complaint upon
the owner by the DHCR and not by the date of the reduction in
service. The Commissioner also notes that this order has no effect
on any other outstanding rent reductions against the owner.
THEREFORE, in accordance with the Rent and Eviction
Regulations, and the Rent Stabilization Law and Code, it is
ORDERED, that this petition for administrtive review be, and
the same hereby is, denied, and, that the Rent Administrator Order
be, and the same hereby is, affirmed.
Joseph A. D'Agosta
Acting Deputy Commissioner