STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
Lincoln Apartments Realty Associates,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 4, 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 140 West 69 Street, New York, New York, wherein the
Administrator determined that the owner had failed to maintain
required services and ordered a decrease in 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 of a complaint of
decrease in services by the tenant of apartment G-2, a rent
stabilized apartment. The owner was served with a copy of the
tenant's complaint and responded stating that measures either had
been or would be taken to correct the conditions complained of. An
inspection conducted on September 22, 1988 by a Division staff
inspector prior to receipt of the owner's answer, confirmed some of
the complained of conditions.
Another inspection conducted on December 6, 1988, after receipt of
the owner's response, indicated that one or more conditions had
been corrected but otherwise confirmed the remaining conditions
The Administrator's order issued on March 13, 1989 reduced the rent
for the complaining rent stabilized tenant and in addition reduced
the rent by $10 per month for an additional eight tenants who the
order identifies as rent controlled tenants.
In the PAR, the owner claims that the complaint was filed by a
single tenant, that no other tenants joined in the complaint and
that the order should be revoked as to all but the complaining
tenant on this basis. In the alternative the owner contends that
the order should be revoked as to the additional tenants because
the additional tenants, who reside on upper floors, are not
affected by the conditions complained of.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
The evidence of record shows that the only signatory to the
complaint was that of the tenant of Apt. G-2, a rent stabilized
tenant. The owner is correct in that the rent reduction should
have been limited to the rent stabilized tenant who signed the
complaint, and no others. The rent controlled tenants were not
entitled to a rent reduction because no rent controlled tenant
signed the complaint.
Rent arrears may be due the owner from various tenants as a result
of this order. Any arrears shall be paid in equal monthly
installments at the monthly amount revoked herein until each
tenant's arrears are eliminated.
THEREFORE, in accordance with the City Rent Law, the Rent and
Eviction Regulations, the Rent Stabilization Law and Code and the
Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby is,
affirmed as to the rent stabilized tenant and revoked as to the
rent controlled tenants.
JOSEPH A. D'AGOSTA