ADM. REVIEW DOCKET NOS.: DA420090/1RT
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 NOS.:
DA420090/1RT
JOAN R. COOK DISTRICT RENT
RUTH L. RICHMAN ADMINISTRATOR'S DOCKET
NO.: BL423831BR
PETITIONERS
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ORDER AND OPINION DENYING AND MERGING PETITIONS FOR
ADMINISTRATIVE REVIEW
The above-named tenants filed timely petitions for
administrative review of an order issued concerning the housing
accommodations known as 905 West End Avenue, apartments 114 and
115, New York, N.Y.
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 issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, BL423831BR was
issued on December 9, 1988. In that order, the Administrator
ordered that the owner be granted eligibility for a 1988/89 Maximum
Base Rent (MBR) increase, due to the owner's meeting the violation
certification requirements necessary to the owner's being granted
an MBR increase.
On appeal, the tenants allege that various defects in their
respective apartments have not been corrected, notwithstanding the
owner's certification. These alleged defects include (in Apartment
114): Flood damage, and peeling paint and plaster in three rooms of
the apartment. For Apartment 115, the alleged defects include
drafty windows, lack of painting, and peeling paint and plaster in
the living room. Additionally, the tenant of Apartment 114 alleges
that "this has been going on for years."
ADM. REVIEW DOCKET NOS.: DA420090/1RT
The Commissioner is of the opinion that these petitions should
be denied and merged.
The Administrator's finding that a sufficient number of
violations were cleared from the subject premises is supported by
the findings of a New York City Department of Housing Preservation
and Development (HPD) investigation. An examination of the record
reveals that none of the complained-of conditions enumerated above
were among the violations reported as either cleared or not cleared
by the HPD. The Commissioner notes that, despite one of the
tenant's allegations on appeal that "this has been going on for
years", there is no record of either of the tenants ever having
sought, and obtained from this agency a reduction in rent because
of the alleged conditions.
Section 2202.3(b) (2) of the New York City Rent and Eviction
Regulations requires that an owner, in order to obtain eligibility
to increase MBRs at a particular premises, must certify to the
Administrator that all essential services are being maintained at
the subject premises. The Commissioner is of the opinion that,
although several of the allegations made on appeal (especially the
allegations of flood damage made by the tenant of Apt. 114 and the
allegations of peeling paint and plaster made by both tenants)
indicate possible reductions in essential services, for the reasons
given above, these allegations cannot be considered for the first
time on appeal.
The Commissioner notes that both tenants (Joan R. Cook and
Ruth L. Richman) occupy apartments (114 and 115, respectively) at
the subject premises. Each tenant individually timely filed an
appeal of Administrator's order #BL423831BR, such appeal contending
that the owner had not repaired various violations in the
particular apartment, and should thus be denied eligibility to
raise 1988/89 MBRs at the subject premises.
The Commissioner is of the opinion that the above-described
appeals are, besides the different apartments and different
individual violations described, identical. The Commissioner is,
therefore, of the opinion that these petitions should be merged and
denied since the record does not sustain the tenants' allegations.
This order is issued without prejudice to the tenants' filing
complaint(s) of reductions in service, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that these petitions for administrative review be,
and the same hereby are, denied, and that the order of the Rent
ADM. REVIEW DOCKET NOS.: DA420090/1RT
Administrator be, and the same hereby is, affirmed. It is also
ordered that these petitions for administrative review be, and the
same hereby are, merged.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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