DK130277RO; DK130377RO
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
APPEALS OF DOCKET NOS.:
DK130277RO
DK130377RO
Northern Star Realty,
RENT ADMINISTRATOR'S
DOCKET NOS.:
CL130042B
CL130023B
PETITIONER
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named owner filed timely petitions for administrative
review of orders issued on October 2 and 21, 1989 concerning the
housing accommodations known as 147-25 Northern Boulevard, Queens,
New York, wherein the Rent Administrator determined the tenants'
complaints of decreased services. The matters have been
consolidated for disposition as they involve related, and in some
instances duplicative, matters of law and fact.
The tenants commenced these proceedings by filing separate
complaints asserting that the owner had failed to maintain certain
services in the subject building.
In answers, the owner denied the allegations set forth in the
complaints or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, the DHCR conducted inspections of the subject premises.
In both of the proceedings the DHCR inspector confirmed the
tenants' complaints of an inoperative elevator, broken and cracked
courtyard cement and dirty public areas. In addition, in the
proceedings per Docket No. CL130042B the inspector confirmed the
tenants' complaints of public areas in need of painting, roach and
rodent infestation, inadequate hot water, missing tiles in the
public areas and a broken entrance door lock.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petitions for administrative review, the owner, in
substance, reiterates that services are adequate, and states that
DK130277RO; DK130377RO
broken elevator equipment is repaired promptly in a workmanlike
manner by the owner's elevator maintenance contractor. The owner
contends that the janitorial services provided are adequate but
that the tenants fail to cooperate with the owner's efforts to
maintain the public areas clean, and that, in fact, some of the
conditions reported were due to acts of vandalism by a few tenants.
The owner also contends that the building's boiler equipment
provides adequate hot water and that roof repairs are done promptly
by the owner's workers. The owner also requests that the owner not
be blamed for the courtyard pavement defects that have existed for
many years, and asserts that the conditions are minimal or minor in
any event.
After careful consideration, the Commissioner is of the opinion
that the petitions should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petitions do not establish any basis for
modifying or revoking the Administrator's orders which determined
that the owner was not maintaining required services based on
physical inspections confirming the existence of defective
conditions at the subject premises for which a rent reduction is
warranted. In the case of overlapping rent reduction orders for
rent stabilized apartments, the rent is reduced retroactively by
the percentage of the guidelines adjustment to each tenant's lease
which commenced before the first date of service on the owner of
the tenant's complaint(s).
The automatic stay of the retroactive rent abatement that resulted
by the filing of these petitions is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that these petitions be, and the same hereby are, denied,
and that the Rent Administrator's orders be, and the same hereby
are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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