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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 NOS.:
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FI 110182-RT; FI 110183-RT
FI 110184-RT; FI 110185-RT
FI 110186-RT; FI 110187-RT
FI 110188-RT; FI 110189-RT
FI 110190-RT; FI 110191-RT
FI 110192-RT; FI 110218-RT
VARIOUS TENANTS, FI 110219-RT; FI 110220-RT
FI 110221-RT; FI 110222-RT
FI 110223-RT; FI 110224-RT
FI 110225-RT; FI 110226-RT
FI 110227-RT; FI 110228-RT
FI 110230-RT; FI 110231-RT
FI 110232-RT; FI 110233-RT
FI 110234-RT; FI 110235-RT
FI 110238-RT; FI 110239-RT
FI 110319-RT
D.R.O. DOCKET NO.:
EI 130118-OR
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants filed timely Petitions for
Administrative Review (PARs) against orders issued on August 27,
1991, by the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning the housing accommodation collectively known as Joyce
Gardens, located in Flushing, New York, wherein the Administrator
granted the owner's rent restoration applications.
Based on an inspection conducted on June 18, 1991 that showed that
there was no evidence of vermin infestation in and around the
garbage dump areas, no evidence of missing and or broken garage
gutters, no evidence of defective dumpsters, no excess
accumulation of garbage and debris, and that garage area lighting
fixtures were operable, the Administrator concluded that the
conditions, upon which rent reduction orders were issued on
January 13, 1987, per Docket No. TC-72035-C-158, had been
corrected, and warranted restoration of rents, effective March 1,
1991.
In identical administrative appeals, the petitioners allege that
one garage (#121) has part of a gutter missing, and that two
garages (#s 97 and 98) have wall bricks missing, resulting in
damage to roof areas (garages #s 99 and 102). The petitioners
further complain that excess accumulation of garbage and debris in
and around the garbage dumpsters continues.
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The applicable law is Sections 2520.6(r) and 2523.4 of the Rent
Stabilization Code.
After careful consideration, the Commissioner is of the opinion
that these petitions should be denied.
The Commissioner notes that the Administrator rendered the
determinations restoring rents on the basis of an inspection
report, prepared by an unbiased rent agency employee, that
established that the owner had complied with the underlying
directive to correct the enumerated service reductions. The
inspector's report was properly placed in the record for the
Administrator's consideration and was entitled to substantially
greater weight than the petitioners' self-serving assertions that,
among other items, excess accumulation of garbage and debris
continued around the dumpsters. Moreover, it is not evident from
the tenants' claim, raised on appeal, that dumpsters have been
relocated to separate areas from one central location, sets forth
a condition constituting a reduction of services warranting
remedial action by the owner.
Additionally, the claim that one garage gutter in the complex not
cited below, had a missing part, which may have occurred after
repairs to other units, does not entitle the tenants to a
continuation of rent reductions complex-wide.
The Commissioner further notes that the tenants' assertions
regarding missing bricks and relocation of the dumpsters were not
predicates for the underlying rent reductions, and, therefore, may
not be considered relevant to the instant rent restoration orders,
herein under appeal.
This order is issued without prejudice to the right of affected
tenants to file complaints for current service reductions in the
prescribed manner.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that these petitions be, and the same hereby are, denied,
and that the District Rent Administrator's orders be, and the same
hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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