ADM. REVIEW DOCKET NO. FA 430214-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 REVIEW
APPEAL OF DOCKET NO. FA 430214-RO
: D.R.O. DOCKET NO.
ZEH - 430038 - OR
J. NUSSBAUM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1991 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on December 17, 1990
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
224 Avenue B, New York, New York, Various Apartments.
Subsequent thereto, the owner filed a petition in Supreme
Court, pursuant to Article 78 of the Civil Practice Law and Rules,
requesting that the court direct the Division to issue a
determination of the owner's administrative appeal.
The issue herein is whether the District Rent Administrator
properly denied the owner's application to restore the rents in
the subject premises.
On April 18, 1989, the District Rent Administrator issued an
order reducing the Maximum Legal Rent, building wide, by $11.00
per month, based upon an inspection which showed a decrease in
exterminator, roof-drain, and basement access services.
On July 17, 1990, the owner filed an application to restore
the rent for all services for which a rent reduction order was
issued on April 18, 1989.
In September, 1990, seven tenants filed answers to the
owner's restoration application alleging, in essence, that
services had not been fully restored.
On November 16, 1990, an inspection was conducted by the DHCR
inspector.
The inspection report revealed, inter alia, continuing
evidence of infestation and inadequate basement access. Certain
ADM. REVIEW DOCKET NO. FA 430214-RO
other alleged deficiencies, however, were not in evidence.
On December 17, 1990, the District Rent Administrator issued
the appealed order which denied the owner's application for rent
restoration, based upon the aforesaid inspection of November 16,
1990.
On appeal, the petitioner-owner contends, in substance, that
the inspector erred in finding service deficiencies; that basement
access was available because notices in the building advised the
tenants that basement keys were deposited with a neighboring
bakery and the owner further requested that the DHCR conduct a
hearing for full exploration of the issues.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the administrative
appeal should be denied.
The Commissioner finds that the Administrator properly relied
on the results of the inspection and that, based thereon, the
Administrator properly determined that the owner had failed to
maintain all services and properly denied the owner's application
to restore the tenants' rent.
The inspection report of November 16, 1990, clearly showed,
inter alia, evidence of infestation and vermin in the garbage
storage area and that although signs were posted advising of
basement key availability, the keys that were deposited in the
neighboring bakery did not open the basement lock. There were
other deficiencies noted in the report about the effectiveness of
the sign postings.
The Commissioner notes that according to the inspector's
report of November 16, 1990, there was no evidence of a missing
roof drain. Therefore, this order and opinion is issued without
prejudice to the owner's right to file the appropriate application
with the Division for restoration of rent based upon the
restoration of services, if the facts so warrant.
As to the owner's request that a hearing be held, the
Commissioner further finds that this is a matter for the sole
discretion of the Administrator and/or the Commissioner and that
a hearing is not necessary for a determination of the issues.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City and the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be and the same hereby is, denied
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ADM. REVIEW DOCKET NO. FA 430214-RO
ELLIOT SANDER
Deputy Commissioner
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