Docket Number: FD-430207-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.: FD 430207-RO
:
STANLEY GUREWITSCH/ DISTRICT RENT ADMINISTRATOR'S
REALTY MANAGEMENT OFFICES, : DOCKET NO.: DJ 430041-B
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 1, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 26, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
On November 10, 1989, various tenants commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on January 25, 1990, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs had been or would be completed.
Thereafter on July 12, 1990, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
After the inspection, the owner was informed on July 30, 1990
by DHCR of the inspection report and to correct the defective
conditions.
On August 15, 1990, the owner answered the DHCR notice stating that
it is "actively pursuing a remedy to this problem."
Thereafter on November 6, 1990, another inspection of the subject
housing accommodation was conducted by a D.H.C.R. inspector who
confirmed that services have not been restored.
Docket Number: FD-430207-RO
On March 26, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In its petition for administrative review, the owner states, in
substance, that it is not responsible for the repairs because the
building is a condominium; that as owner of unsold individual units,
it does "not have the right to make repairs in common area"; and
that the common area in question is a result of a major capital
repair in progress.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record shows that Real Estate Management Offices appears as the
owner/agent/manager in the proceeding below and also in this
petition. The owner/agent/manager is generally responsible for the
common areas in a building.
Even though the petitioner alleges that this building is now a
condominium and that it is not the owner responsible for those
services, the Commissioner notes that the owner submitted no
evidence to substantiate the contention either while the proceeding
was pending before the Administrator or by attachment to its
petition.
The Commissioner further notes that rent regulated tenants in a
condominium are entitled to the same statutory protections as any
other regulated tenant.
Lastly, the owner had sixteen months from the date of service of the
tenant's complaint until the issuance of the Administrator's order
to investigate the tenants' complaints and to make the necessary
repairs even after the inspection, but the owner failed to do so.
The Commissioner thus finds that on a preponderance of the evidence,
the owner has offered insufficient reason to disturb the
Administrator's order; that the Administrator properly based its
determination on the entire record, including the results of the
inspections conducted on July 12, 1990 and November 6, 1990; and
that pursuant to Section 2523.4 (a) of the Code, the owner had
failed to maintain services, warranting rent reduction.
This Order and Opinion is issued without prejudice to the owner's
right to file an application for restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
Docket Number: FD-430207-RO
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:
ELLIOT SANDER
Deputy Commissioner
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