DF630064RO
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.: DF630064RO
Salmerg Realty Inc.,
RENT ADMINISTRATOR'S
DOCKET NO.: CI630057B
PETITIONER
------------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 4, 1989 concerning the housing
accommodations known as 2604 University Avenue, Bronx, New York,
wherein the Rent Administrator determined the tenant's complaint of
decreased building-wide services.
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.
An individual tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain services
in the subject building, in that the inside door from the street
had a broken lock, and that the glass on the outside door was
cracked.
Thereafter, the DHCR conducted an inspection of the subject
building. The DHCR inspector reported that the building entrance
door lock was defective, and that the door glass was cracked in
various places.
The Rent Administrator directed restoration of these services and
further, ordered a rent reduction for the rent controlled tenant
that signed the complaint and for other rent controlled tenants.
In its petition for administrative review, the owner states, in
substance, that the owner should not be penalized for defects
DF630064RO
caused repeatedly as a result of vandalism, but which the owner
repairs promptly.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Rent Administrator, pursuant to Section 2202.16 of the Rent and
Eviction Regulations, may grant a rent reduction where it is found
that the owner has failed to maintain essential services, which
include but are not limited to, repairs, decorating and
maintenance. Based on the signed complaint of at least one rent
controlled tenant, all other rent controlled tenants may be
eligible for a rent reduction. The owner's petition does not
establish any basis for modifying or revoking the Rent
Administrator's order which determined that the owner was not
maintaining essential services based on a physical inspection
confirming the existence of defective conditions in the subject
building for which a rent reduction is warranted.
The owner's claim that vandalism caused the defects on equipment
previously repaired ignores that the owner has an obligation to
make repairs promptly, and neither excuses nor exculpates the owner
for failing to correct defects if they recur.
The rent will be restored only when an owner's application to
restore rent is filed and granted. The owner is advised to file
such an application if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations for
the City of New York, it is
ORDERED, that the petition for administrative review be, and the
same, hereby is denied, and that the Rent Administrator's order be
and the same hereby is, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
|
