FH 430180 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 430180-RO
VICKERS MANAGEMENT CORP./ DISTRICT RENT ADMINISTRATOR'S
STANLEY VICKERS, DOCKET NO.: FL 430001-B
SUBJECT PREMISES:
630 East 9th Street
Apt. No. Various
Manhattan, New York 10009
PETITIONER
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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 29, 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.
Various tenants commenced the original proceeding below on
February 14, 1991 by filing a complaint asserting that the owner
had failed to maintain certain services in the subject building.
In its answer filed on April 17, 1991, the owner asserted that
work had been performed and would be completed. The owner
submitted alleged documentation to that effect.
Thereafter on June 13, 1991, the building was inspected by DHCR
which confirmed the existence of numerous defective conditions and
contradicted the owner's answer.
The Administrator directed on July 29, 1991 restoration of these
services and reduction for both stabilized and rent-controlled
rents.
In this petition, the owner contends in substance that except for
two items, "(a)ll the necessary work has been done; and that the
order appealed from should not apply to tenants no longer in the
building.
In reply, the tenants assert what inspection has confirmed that
"many repairs have been overlooked"; that "the intercom system
still does not work"; that "water still leaks (when it rains)" in
the building; that "there is still vermin infestation" in the
basement and apartments; that "there is evidence of foul odor in
the basement"; and that "there is garbage accumulation on the
roof, under the front entrance steps and garbage storage area."
FH 430180 RO
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's petition is devoid of proof and does not clarify
whether repairs had been made before the building was inspected or
the order was issued, or whether repairs were made following the
issuance of the Administrator's order. If it is the former, then
the owner's allegation is belied by the inspection report. If it
is the latter, then the Administrator's order reducing the rent
was correct when issued.
The Commissioner notes that a copy of this Order and Opinion is
sent to all tenants or current residents of the apartments
involved in this proceeding, regardless of their departure from
the subject premises. The issue here arises not merely from
resident tenants but from building-wide decreased services.
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,
and the Rent and Eviction Regulations, 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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