Adm. Review Docket No.: EB-230023 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 230023 RO
3021-3031 BRIGHTON 13TH DRO DOCKET NO.: DE 230087-B
REALTY CORP., :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 12, 1990, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
January 22, 1990 by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations known as 3021-3031
Brighton 13th Street, Brooklyn, New York, wherein the Administrator
reduced the rents for rent controlled tenants based on a finding of
a reduction of building-wide services.
The issue in this proceeding is whether the Administrator's
determination was correct.
The applicable law is Section 2202.16 of the Rent & Eviction
One tenant commenced these proceedings on May 17, 1989 by filing a
complaint, alleging that the owner had failed to provide certain
building-wide and individual apartment services. Specifically, the
tenant complained that garbage bags filled with bottles and cans
were left on various floor, resulting in foul odors and roach and
rodent infestation; that the public areas were filthy; and that
water was seeping into his bathroom from the apartment above.
The owner denied the tenant's complaint of garbage accumulation,
filthy public areas and of roach and rodent infestation. The owner
also indicated that the tenant refused access to her apartment for
inspection and repair of the water leak condition, and that a
inspection of the apartments above and adjacent to the tenant had
failed to detect evidence of the alleged water seepage.
The owner's documentation in support of its statements included a
letter from the owner's pest control contractor that extermination
services were provided once a month, the superintendent's affidavit
that the tenant refused access to inspect and repair water leaks, a
mailgram providing one week advance notice requesting the tenant to
provide the owner's repair team access on the date and time
specified, as well as notice to the Administrator that the tenant
failed to do so. Also submitted, was a copy of a statement dated
July 1, 1989, apparently signed by fifteen (15) tenants, to the
effect that they had no objection or complaint to the sanitary
conditions in the common areas, and that the superintendent cleaned
Adm. Review Docket No.: EB-230023 RO
the premises daily.
An inspection was conducted on November 30, 1989 by a member of the
Division's inspection staff.
The Administrator reduced the rents for the rent controlled tenants
by $3.00 effective prospectively, based on findings of debris and
dirt stains throughout the public hallways and stairways, and that
the interior and exterior areas required cleaning. The
Administrator's order also reflected that the inspector found no
evidence of foul odor in the subject premises and no evidence of
roach and rodent infestation.
In the petition the owner asserts that the conditions observed by
the inspector were the result of plastering work to prepare the
public areas for painting.
Despite statements below and at PAR that areas were cleaned daily,
the inspector reported that there was debris in the public areas of
the premises and that the hallways and stairways were stained.
The Commissioner also notes that the petitioner submitted no
evidence below or on appeal that the conditions found were the
result of plastering work done to prepare the public areas for
painting. Moreover, an owner remains responsible for maintaining
the premises safe and as clean of debris, even during periods of
maintenance and repairs, as conditions permit.
For all these reasons the Administrator's order is affirmed. The
petitioner is advised to file a rent restoration application for any
outstanding rent reductions, if the conditions were indeed
temporary, as asserted in the instant appeal.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, Chapter 403 of the Laws of 1984, and
Chapter 102 of the Laws of 1984, it is
ORDERED, that the owner's petition be and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
is affirmed, as provided above.