FH 110109-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
APPEALS OF DOCKET NO.:
FH 110109-RO
ANTHONY GOMES,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DK 130064-B
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 26, 1991, the above-named owner filed a petition for
administrative review of an order issued on June 24, 1991, by a
Rent Administrator concerning the housing accommodations in the
building known as 40-17 23rd Street, Long Island City, New York,
wherein rents were reduced due to a diminution of service.
The Commissioner has reviewed all of evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition for review.
On November 24, 1989 the stabilized tenant of Apartment 2 filed
an application for a rent reduction based on the owner's alleged
failure to maintain service alleging inter alia - non-maintenance
of public hallways.
The owner interposed an answer to the tenant's complaint wherein
he alleged that public hallways were thoroughly swept and mopped.
On March 1, 1991 and again on April 23, 1991 a physical inspec-
tion of the subject building was carried out by the Division of
Housing and Community Renewal (DHCR). The inspector, in his
report, noted that the complained of condition was as alleged by
the tenant.
On June 24, 1991, the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and reducing the complaining tenant's rent to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of the rent reduction. The administrator
further ordered a five dollar ($5.00) monthly reduction in the
rents of the rent-controlled tenants of the building.
In his petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging that public
FH 110109-RO
areas are regularly swept and mopped. Attached to the owner's
petition is a statement signed by every tenant in the building
except the complaining tenant which corroborates the owner's
statement of regular maintenance.
After careful consideration the Commissioner is of the opinion
that this petition should be granted in part.
The Commissioner notes that, wi h the exception of the rent-
stabilized tenant of Apartment 2, no other tenant in the building
joined in the original complaint. Accordingly, the owner was not
on notice of a potential rent-reduction being ordered for any
tenant other than the complainant. Therefor , the rent reduc-
tions ordered for the three rent-controlled tenants were a denial
of due process as to the owner and must be revoked.
If there are arrears owed to the owner as a result f the issu-
ance of this order and opinion the tenants may pay off said
arrears in three equal monthly installments beginning with the
first rent payment date after the issuance of this order.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
"A tenant may apply to the DHCR for a reduc-
tion 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 t e owner has failed to maintain re-
quired 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 two
on-site physical inspections 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.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent & Evictions Regulations for New York City, it
is,
ORDERED, that this petition be, and the same hereby is, granted
in part and that the Rent Administrator's order be, and the same
hereby is, modified to the extent f revoking the rent reduc-
tions of the rent-controlled tenants of Apartments 4, 5, and 8.
In all other respects the Rent Administrator's order is affirmed.
FH 110109-RO
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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