ADM. REVIEW DOCKET NO.: FI-110313-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FI-110313-RO
:
DRO ORDER NO.:
DE 130065-B
ANASTASSIOS AND
BESSIE KASSAPIDIS
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a Petition for
Administrative Review (PAR) against an order issued on June 18,
1991, by the Rent Administrator at Gertz Plaza, Jamaica, New York
concerning the housing accommodation known as 147-10 41st Avenue,
Flushing, New York, Apartment No. 2R, wherein the Administrator
determined the tenant's complaint of a reduction of building-wide
services and ordered a rent reduction based on a finding that a
laundry room is a required service that was not maintained.
The evidence of record included an admission by the owner
that laundry room service had been provided, but had been
terminated five (5) years prior to the complaint, because of
vandalism.
Division records also reveal separate proceedings under
Docket Number EC-110006-OD wherein action was taken with regard
to the sealing off of a garbage chute, another decrease cited in
the tenant's complaint.
An inspection conducted on January 24, 1990 revealed that
other building-wide services were found to be maintained.
On appeal the owner requests that the rent reduction be
revoked, and argues, in essence, that the laundry room was not
provided as a service, but primarily as a convenience to tenants.
The applicable law is Section 2520.6(r) of the Rent
Stabilization Code which defines required services as follows:
(r) Required services.
(1) That space and those services
which the owner was maintaining
or was required to maintain on
the applicable base date set
ADM. REVIEW DOCKET NO.: FI-110313-RO
forth below, and any additional
space or services provided or
required to be provided
thereafter by applicable law....
The Division and its predecessor agencies have held
consistently that a laundry room is a required service if it was
provided on the base date. While the Division does not take
lightly the owner's assertions of vandalism, such claims do not
absolve nor abate the owner's obligation to continue to provide
required services, and the failure to do so warrants a rent
reduction.
Consequently, the owner's petition must be denied.
The Administrator's order below did not determine questions
with regard to the sealing off of a garbage chute, but noted that
an application by the owner for modification of services was
pending before the Agency under Docket Number EC-110006-OD,
wherein appropriate action would be taken. Division records
also reveal that the Administrator denied the owner's
application. Moreover, there is no record of an administrative
appeal by the owner of that order. Consequently, the owner's
request to the Commissioner to consider the owner's submissions
pertaining to the garbage chute in the instant proceedings must
be rejected.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be denied and that the
Administrator's order be affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
