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
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: EG130366RO
APPEAL OF
JOHN SISMANOGLOU,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO: BH110147OM
------------------------------------X
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
The above named petitioner-owner timely refiled a petition for
Administrative Review (PAR) against an order issued on May 17, 1990
by the Rent Administrator (Gertz Plaza) concerning the housing
Accommodations known as 45-50 48th Street, Woodside, New York,
Various Apartment.
The owner initiated this proceeding on August 24, 1987 by filing an
application for a major capital improvement (MCI) rent increase
predicated on various improvements (Boiler/burner, intercom sustem,
windows, pointing/waterproofing, adequate plumbing, front aluminum
doors, roof and reline elevator cab) performed at the subject
premises at a total claimed cost of $123,975.50 Said application
was denied on grounds that there is a rent reduction order in
effect under Docket No. BL130096B issued on July 14, 1988.
In this petition for Administrative Review, the owner requests a
reversal of the Rent Administrator's order and contends, in
substance, that on December 16, 1987, the tenant in apartment 2E,
Elizabeth Curran (one tenant out of 35 tenants) filed an
application with the Division for a rent reduction, complaining
about some repairs which was necessary in her apartment that as
soon as he became aware of the complaint all of the problems in
said apartment were taken care of; that on July 14, 1988, the
Division issued a rent reduction order under Docket No. BL130096B
reducing the rents of all rent controlled tenants by $700 per month
on the finding that the public areas need a thorough cleaning and
that there is evidence of roach and rodent infestation; that as
soon as he reccived the rent reduction order, he visited the
Division's office and was advised by a Counselor to file a PAR but
was never told to file a rent restoration application; that he also
had the premises exterminated thoroughby and the hallways cleaned
meticulously, and that a minor complaint such as dirty hallways
strould not affect the rent increase.
ADMIN. REVIEW DOCKET NO. EG130366RO
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this proceeding should be
remanded to the Rent Administrator for further consideration as
provided hereinbelow.
The commissioner notes that the Division's records disclose the on
November 17, 1993, the Commissioner issued and order under Docket
No. CH130082RO revoking the rent reduction order issued under
Docket No. BL130096B upon a finding that the tenant's complaint
mentioned only the elevator, the incinerator room, and the rear
yard and it was only these items that the owner was put on noteice
of the need to correct and that the inspector's report of dirty
public areas and infestation was beyond the scope of the complaint
and cannot support a rent reduction. As such, the Rent
Administrator should not have issued the rent reduction order.
Accordingly, the Commissioner deems it appropriate to remand this
proceeding to the Rent Administrator for such further processing as
may be necessary to determine the owner's application on its
merits.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is granted to
the extent of remanding this proceeding to the Rent Administrator
for further processing in accordance with this order and opinion.
The order and determination of the Administrator remains in full
force and effect until a mew prder os ossied pm remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
