FH 110334 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.: FH 110334 RO
DISTRICT RENT ADMINISTRATOR'S
KATHARINA VANCEK, DOCKET NO.: EH 130048-B
SUBJECT PREMISES:
1712 Palmetto St., Apt. No. 3L
PETITIONER Ridgewood, New York 11385
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on July 22, 1991, concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding on January 17, 1990 by filing
a complaint asserting that the owners removed the cellar storage
space which was provided to her ever since she moved into the
apartment in or about December 1973.
In its answer filed on March 5, 1990, the owner asserted that a
building inspector told her that the cellar storage space is a
fire hazard and should be removed.
On May 2, 1991, DHCR requested the parties for information as to
the date when the storage room service was terminated and
documentation to support their arguments.
Although duly notified to do so, the owner provided no proof that
the cellar storage space is a fire hazard in violation of the
building code.
Based on the evidence of record, including submissions by the
owner, the Administrator determined on July 22, 1991 that the
"basement storage space has been discontinued," and directed
restoration of services and reduction of the stabilized rent.
In this petition, the owner contends in substance that she "was
unaware" that the "storage space is a service"; that she is now
willing to "allocate a storage area if it will avoid a rent
decrease." Again, the owner provided no proof to her allegation
that a building inspector told her that the cellar storage space
is a fire hazard.
In reply, the tenant asserts that since 1973, she always had the
storage space and was never told by the owners that this storage
FH 110334 RO
space was a fire hazard. The tenant also states that her storage
space is clean and the things she stored do not breed rodents and
pests.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's petition admits that she "was unaware" that the
"storage space is a service" and that she is now willing to
"allocate a storage area if it will avoid a rent decrease." The
owner provided no proof in her answer in the proceeding below or
in this petition that a building inspector told her that the
cellar storage space is a fire hazard.
The owner failed to rebut the tenant's assertions that the owner
removed the cellar storage space which was provided to her since
1973; that the storage space is clean and the things stored by the
tenant do not breed rodents and pest.
This Order and Opinion is issued without prejudice to the owner's
filing an application for rent restoration based on the
restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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