DOCKET NO.: DC 410315-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 APPEAL
APPEAL OF DOCKET NO. DC 410315-RO
: DRO DOCKET NO. ZCK 420002-OO
RICHARD PERIN & JUNE PERIN and
GEORGE BACK & PATRICIA BACK :
PETITIONER
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ORDER AND OPINION DENYING OWNER'S PETITION FOR ADMINISTRATIVE REVIEW
On March 17, 1989 the above-named petitioner filed an Administrative
Appeal against an order issued on February 22, 1989 by the District Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York, concerning the
housing accommodations known as 129 East 17 Street, New York, NY.
The Administrative Appeal is being determined pursuant to the provisions
of Section 2202.21(a).
The issue herein is whether the owner is entitled to decrease tenant
services without equivalent substitute service.
On November 4, 1988 the owner filed an application at the Gertz Plaza
office for permission to decrease dwelling space, essential services, etc.
in an occupied rent control apartment. The request was made specifically
to decrease a portion of the subject apartment space approximately 7 feet
4 inches x 6 feet ten inches (approximately fifty square feet) for the
purpose of constructing an elevator shaft and to utilize an additional 15
square feet of apartment space for the purpose of installing a self
contained heating system. The total space being reduced is approximately
4 percent of the total space in the subject apartment. The owner would
continue to pay the cost of providing heat to the subject apartment.
On February 22, 1989 the Rent Administrator issued the subject order
denying the owner's application for decreasing dwelling space as being
inconsistent with the rent laws. On May 15, 1989 the Rent administrator
denied the owner's request for reconsideration of the subject order.
The District Rent Administrator's order appealed herein, found that the
owner is not required to install the elevator or self contained heating
unit.
Accordingly the owner's application to decrease dwelling space in the
apartment to install an elevator shaft and self contained heating unit
was denied by the Rent Administrator.
This order was based upon Section 2200.2(b); and 2201.2 of the Rent and
Eviction Regulations which requires maintenance of base date services.
DOCKET NO.: DC 410315-RO
On appeal, the petitioner contends that Section 9 NY 2202.21 (formerly
known as Section 35 City Rent Regulations; allows for a decrease of
services under reasonable terms to the tenant.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
The tenant, never reached an agreement as to compensation and adjustment
of rent for the proposed reduction of space and substitution of heating
systems for the apartment. The taking away of space would be a personal
decrease in service. The addition of an elevator would not compensate
for this loss of space. Heat and hot water is an essential service. The
tenant should not suffer a loss of living space for the owner's continuing
responsibility to maintain this essential service.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations of New York City Code, the Emergency Tenant Protection Act, it
is
ORDERED, that the rent administrator's appeal be, and the same hereby is
denied, and that the order of the District Rent Administrator is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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