Adm. Review Docket No.: EB 130259-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EB 130259-RO
KRUMHOLZ ASSOCIATES, DRO DOCKET NO.: DC 130064-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 12, 1990, the above-named petitioner-owner filed a
Petition for Administrative Review of against an order issued on
January 24, 1990 by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodation known as 45-19 39th
Place, Queens, New York, wherein the Administrator reduced tenants'
rents based on a finding of a reduction of building-wide services.
The issue in these proceedings is whether the Administrator's order
The applicable law is Section 2202.16 of the Rent & Eviction
Regulations and Section 2520.6(r) and 2523.4 of the Rent
The tenants commenced the proceeding on March 9, 1989 by filing a
complaint of decrease in building-wide services. The tenants
alleged that electrical wiring was old and decayed; that the side
areas and backyard were littered with debris; that there were
plumbing leaks throughout the building; that hallways and side alley
stairs were broken and decayed; that the entrance door lock was
defective and frequently broken; that hallway windows did not stay
open, resulting in a dangerous condition; and that mailboxes were
dented, had damaged locks, and failed to stay closed.
The owner responded that wiring was in good working order; that the
exterior public areas were clean and well maintained; that there
were no plumbing leaks; that the hallway and alley stairways were in
good condition and that decayed stairways had been repaired; that
the entrance door was in working order; and that new hallway windows
had been installed. The owner also enclosed copies of statements
signed by several tenants, to the effect that the services provided
in the building were to their satisfaction.
An inspection was conducted on November 15, 1989 by a member of the
Division's inspection staff.
Adm. Review Docket No.: EB 130259-RO
Based on the inspection, the Administrator issued orders on January
24, 1990, reducing the rents for both rent controlled and rent
stabilized rents. The controlled rents were reduced by $12.00 per
month based on findings of cracked steps in the northhallway
($5.00), cracked steps in the south hallway ($5.00) and cracked
hallway steps ($2.00). The rents for stabilized tenants were
reduced the percentage of the most recent guideline adjustment for
each tenants' lease which commenced before the effective date of
this order May 1, 1989.
The petitioner requests that the Administrator's order be reversed
arguing that the owner's response below indicated that the stairs
had been repaired and were in good condition, and that several
tenants had agreed that the repairs were to their satisfaction.
After careful consideration the Commissioner is of the opinion that
the petition should be denied.
The tenants' statement to the effect that the tenants considered the
services in the building to be to their satisfaction was of a
general nature and did not specifically address the conditions
found. Moreover the statement reflected the tenants' general
opinions, and was too vague to rise to the level of specific
objective evidence based on examination and observation, required to
warrant dismissal of the tenants' complaint.
In fact, the inspection revealed that the conditions still remained
approximately nine (9) months after the tenants filed their
complaint and more than five (5) months after some tenants expressed
their opinions that they were satisfied with the services provided.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the Emergency Tenant Protection Act of 1984, and Chapter 403 of the
Laws of 1983, as amended by Chapter 102 of the Laws of 1984 as
implemented by Operational Bulletin 84-1, it is
ORDERED, that this petition be and the same is hereby denied and
that the Administrator's order be and the same hereby is affirmed.