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.: EH 110016-RO
DRO DOCKET NO.: DG 130026-B
MOHAMMAD A. MALIK
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 31, 1990, the above named petitioner filed a Petition for
Administrative Review against an order issued on July 18, 1990 by the Rent
Administrator of the Gertz Plaza, Jamaica, District Rent Office,
concerning the housing accommodations known as 134-37 Maple Avenue, Apt.
6H, Queens, New York.
The Administrative Appeal is being determined pursuant to the provisions
of 9NYCRR 2523.4.
The issue herein is whether there was a decrease in services warranting
reduction of the legal regulated rent.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the administrative appeal.
On July 7, 1989 the tenant filed a complaint of decrease in services,
alleging the following: no superintendent, dirty lobby, mice between the
walls, hall light broken, broken side door leading to garage, garbage in
parking lot, tenant's toilet broken.
The owner did not interpose an answer to tenants complaint.
On march 28, 1990 a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report confirmed
existence of a resident superintendent, dirty hallways, no evidence of
vermin infestation, inadequate lighting in halls, defective door knobs on
entrance door, no garbage in parking lot.
On July 18, 1990, the Rent Administrator issued an order based on the
report of the physical inspection, reducing the legal regulated rent by
the percentage of the most recent guidelines adjustment for the tenant's
lease which commenced before September 1, 1989, the effective date of the
order, and directing the owner to refund to the tenant all amounts
collected in excess of the reducing rent since the above mentioned
DOCKET NUMBER: EH 110016-RO
In its petition, the owner contends that all public areas are cleaned on
a regular basis; all lighting meets Housing Preservation Department
enforcement code and requirements, guard plates and knob on side door have
Despite the owner's assertions, the physical inspection report disclosed
the complained of conditions existed and, the Commissioner finds that the
rent reduction is warranted.
The Commissioner is of the opinion that this petition should be denied.
This order is issued without prejudice to the owner's right to file the
appropriate applicate for restoration of the rent, if the facts so
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the order of the Rent Administrator's be and
the same hereby is, affirmed.