DD230091RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
------------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DD230091RO
1800 Realty Co.,
RENT ADMINISTRATOR'S
DOCKET NO.: CD230015B
PETITIONER
------------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 12, 1989, the above-named petitioner-owner filed a
petition for administrative review of an order issued on March 13,
1989 by the Rent Administrator, concerning the housing
accommodation known as 1800 East 12 Street, Brooklyn, New York,
various apartments, wherein the Administrator issued an order
listing the specific services the owner failed to maintain, reduced
the rent for rent controlled and rent stabilized tenants, and
directed the owner to restore services.
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 tenants of a
complaint of a decrease in services building-wide. A copy of the
tenants' complaint was served on the owner who responded, in
pertinent part, stating that the building is being converted to
coops and that the Attorney General's rules do not require the
removal of the asbestos. The owner further advised that the
conditions complained of either had been or would be corrected.
An inspection conducted by a DHCR staff inspector on November 29,
1988 confirmed several of the complained of conditions resulting in
the order herein appealed. In the PAR, the owner requests that the
order be reversed and contends that the amount of the reduction is
excessive given the nature of the conditions found by the
Division's inspector, that vandalism is responsible for some of the
conditions, such as the cutting down of lobby fixtures, and that to
insure that all services are being provided, the owner has
DD230091RO
installed bars on the basement windows to deter vandals.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The courts of this state have held that once the DHCR determines
that a diminution in services has occurred, it must order a rent
reduction. (Hyde Park Gardens v DHCR, 140 A.D. 2d 351, 527 N.Y.S.
2d 841 (A.D. 2d. Dept. 1988), affd. 73 N.Y. 2d 998, 541 N.Y.S. 2d
345, 73 N.E. 2d 101 (Ct. App. 1989). The Commissioner finds that
the Administrator properly reduced the rents in accordance with the
foregoing holding.
With regard to the owner's contention that some of the service
decreases were the result of vandalism, the Commissioner notes that
an owner may not absolve itself of responsibility for conditions
existing by claiming that they were caused by the criminal acts of
third parties. The owner is responsible for the conditions so
caused.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined, based on a
physical inspection confirming the existence of defective
conditions, that a rent reduction is warranted.
The Division's records indicate that the owner applied for rent
restoration which was granted on April 13, 1990 under Docket #
DE230178OR.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the City Rent Law, and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
