DC510328RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DC510328RT
Ruth Crank,
RENT ADMINISTRATOR'S
DOCKET NO.: CF520208OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
On March 27, 1989, the above-named petitioner-tenant timely refiled
a petition for administrative review of an order issued on February
17, 1989 by the Rent Administrator, concerning the housing
accommodations known as 522 West 161 Street, various apartments,
New York, New York, wherein the Administrator determined that
certain conditions which were the subject of a rent reduction order
(Docket No. BC530014B) had been corrected and granted a partial
restoration of the rent.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by the owner of an
application to restore the rent that had been reduced by the amount
$22.00 per month by an order of the Administrator issued January
12, 1988 (BC530014B).
An inspection was conducted by a DHCR staff inspector on November
18, 1988. Thereafter, the Administrator issued an order restoring
the rent in the amount of $20.00 per month for various conditions
found to have been remedied. The order directed the owner to apply
for restoration of the remaining $2.00 upon repair of the lobby
window and ceiling.
In the PAR, the tenant in essence disputes the Division's
inspection findings stating that there is no garbage pickup, the
public areas are dirty, there is roach and rat infestation, and
there is a hole in the walk in front of the entrance door.
DC510328RT
A copy of the tenant's PAR was served on the owner who responded
that the complaints have been corrected and all services are in
full force.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part.
In order for an application to restore rent to be granted it must
be shown that the conditions giving rise to the rent reduction have
been remedied.
The order of January 12, 1988 which reduced the rent herein cited
among other things, that the garbage is not collected from the
apartment doors. The record indicates that the tenants must bring
their garbage down to the front of the building.
The inspection of November 18, 1988 found, in pertinent part,
garbage bag accumulation in front of the building. As a result of
this inspection, the Administrator's order herein appealed, found
that garbage collection is being provided and restored the rent in
the amount of $3.00 for this condition.
The Administrator's finding that garbage collection is being
provided appears to relate to the collection of accumulated garbage
by the Sanitation Department since the inspector found garbage bag
accumulation in front of the building. No finding was made as to
the issue of the collection of garbage by the superintendent, or
other person, from the apartments. It cannot be concluded from the
inspection report that this condition had been corrected.
In addition, the inspection finding that garbage collection is
being provided is contrary to the owner's statements in connection
with another docket where the garbage collection issue is raised.
(Docket BG410170RO). Dolphin Leasing Corp., through its agent
Hubert Richardson advised this agency on July 11, 1987, that
tenants are required to bring their garbage down to a collection
area outside of the building where Sanitation picks it up on
Mondays, Wednesdays, and Fridays. Also, a DHCR staff inspection
conducted in connection with Docket No. FH530210OR found that the
building superintendent does not collect the garbage from the
apartment doors.
The Commissioner therefore finds that the inspection of November
18, 1988 did not adequately investigate whether the service of
garbage collection from the apartments had been restored and that
evidence available in other proceedings adequately established that
at the time the subject order was issued, garbage collection from
the tenants' apartments had not been restored.
The Commissioner rejects the tenant's other contentions regarding
the public areas and infestation in that the public areas were
DC510328RT
found clean and there was no evidence of infestation at the time of
the November inspection. As for the hole in the walk in front of
the entrance door, the Commissioner notes that such condition, if
it exists, was not a service reduction listed in the
Administrator's order of January 12, 1988 which reduced the rent.
The tenant may file a complaint of reduction in services if the
facts so warrant.
THEREFORE, in accordance with the City Rent Law and Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted in
part that the Rent Administrator's order be, and the same hereby
is, modified to revoke the restoration of rent in the amount of
$3.00 per month for the condition described as lack of garbage
collection.
The owner is hereby directed to refund any overpayments of rent
arising as a result of this order and opinion within 30 days of the
date of issuance hereof.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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