ADM. APPEAL DOCKET NO. EG 410350 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.:
EG 410350 RO
:
D.R.O. DOCKET NO.
DF 430028 - B
METRO MANAGEMENT
DEVELOPMENT, INC.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 8, 1990, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on May 24, 1990, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 301 10th
Avenue, New York, N.Y., Apt. # 2-C.
The owner's Administrative Appeal was rejected by the
Commissioner on July 19, 1990 and the petitioner timely refiled the
petition on July 27, 1990.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment.
The District Rent Administrator's order, appealed herein,
determined that the rent for the subject apartment should be
reduced to the level in effect prior to the last rent guideline
increase, which commenced before the effective date of the order
based upon a diminution of public area cleaning services; an
accumulation of garbage in the garbage storage area and evidence of
a discarded refrigerator and stove blocking egress in the lobby.
On appeal, the petitioner-owner asserted, in essence, that all
deficiencies noted in the District Rent Administrator's order had
been corrected prior to the issuance of the order.
The tenant did not file an answer to the owner's appeal.
ADM. APPEAL DOCKET NO. EG 410350 RO
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The tenant filed a complaint on June 20, 1989 alleging the
repeated occurrence of dirty halls and a failure to remove garbage.
The tenant requested a rent reduction. The other tenants joined in
the complaint.
In an answer filed on July 25, 1989, the owner stated, in
pertinent part, that the halls are cleaned daily and garbage is
removed three times a week.
On February 9, 1990, an inspection of the subject premises was
held by the DHCR. The inspector reported that the public area
halls and floors were dusty, stained and in need of sweeping and
mopping; that there was excess garbage accumulation in the garbage
storage area and further that there was an abandoned refrigerator
and stove blocking public egress in the lobby.
Based on the inspection report, the Administrator issued the
order appealed herein.
The owner's petition is devoid of any credible evidence that
the conditions for which the rent was reduced were actually
corrected by the owner before the DHCR's inspection on February 9,
1990 or at any time subsequent thereto.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the District Rent Administrator's
determination.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
a tenant may apply to the DHCR for a reduction of the legal
regulated rent to the level in effect prior to the most recent
guidelines adjustment, and the DHCR shall so reduce the rent for
the period for which it is found that the owner has failed to
maintain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner finds that the Administrator properly based
his determination on the entire record, including the results of
the on-site physical inspection conducted on February 9, 1990 and
that pursuant to Section 2523.4(a) of the Code, the Administrator
was mandated to reduce the rent upon determining that the owner had
failed to maintain services.
The Division's records reveal that the owner's rent
restoration application (EG 430156 OR) was granted on June 19,
ADM. APPEAL DOCKET NO. EG 410350 RO
1991.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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