FL 110170-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.: FL 110170 RO
ALL AREA PROPERTY MANAGEMENT DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EK 130017 B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On December 2, 1991 the above named petitioner-owner
filed a Petition for Administrative Review against an order of
the Rent Administrator issued November 1, 1991. The order
concerned housing accommodations located at 83-03 34th Street,
Jackson Heights, N.Y. The Administrator ordered a rent reduction
for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenants commenced this proceeding by filing a Statement
of Complaint of Decrease in Building-Wide Services on November 2,
1990 wherein they alleged the following services deficiencies:
1. Front door to building not working
2. Storage room that was available for tenant use is
no longer made available
3. Building not being kept clean due to inadequate
janitorial service
4. Garbage cans inadequate to hold garbage and
garbage room closed
5 No notice of when exterminator services available
6. No superintendent or other operator on premises to
operate boiler
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response on
December 4, 1990 and stated that the front door had been
repaired, that the basement area was not being used for storage
because it created a fire hazard and became roach infested, that
the building was cleaned on a regular basis, that there was a
licensed exterminator under contract and the tenants were
notified as to when such services were available and that there
was a superintendent on premises who operated the boiler.
The Administrator sent a Request for Information to the
tenants on July 12, 1991. The tenants were requested to advise
if repairs had been made. The tenants filed a response on July
15, 1991 and stated that the front door had not been repaired and
that the intercom system was malfunctioning.
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on September 4,
1991 and revealed the following:
1. Defective building entrance door self closing
apparatus
2. No access to basement
3. Superintendent not available at time of
inspection; no sign posted as to location of
superintendent
4. Grass all around building in need of maintenance
The following services were found to have been maintained:
1. No evidence of defective vestibule door
2. No evidence of garbage accumulation in public
areas
3. No evidence of vermin infestation.
The Administrator issued the order here under review on November
1, 1991 and ordered a rent reduction of $16.00 per month for rent
controlled tenants and a guideline adjustment for rent stabilized
tenants.
On appeal the owner states that the entrance door has been
repaired, that access to the basement was temporarily restricted
and that janitorial services and the building shrubbery are being
maintained.
One tenant filed a response on January 31, 1992 and stated
that the door had not been repaired, that there was still no
access to the basement, that janitorial services were not being
offered and that the shrubbery was not being maintained.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
granted in part and the order here under review modified.
With regard to the owner's contentions concerning all
elements of the inspector's report except the shrubbery, those
contentions are at variance with the aforementioned report. It
is settled that the report of a DHCR inspector is entitled to
more probative weight than the contentions of a party to the
proceeding.
With regard to the issue of the shrubbery, the Commissioner
notes that the tenant's complaint did not mention it as a
required or essential service not being maintained. Since the
owner was not put on notice of the problem, it was error for the
Administrator to grant a rent reduction based, in part, on this
factor. Therefore, that portion of the order here under review
finding inadequate maintenance of the shrubbery and grounds is
deleted. The owner need not show that this service has been
restored in order to seek rent restoration and the $5.00 per
month rent reduction for rent controlled tenants for this item is
revoked.
With regard to rent controlled tenants affected by this
order, if the owner has complied with the order here under review
and arrears are due and owing by reason of the Commissioner's
modification of the order, the tenants may pay off said arrears
in 12 equal monthly installments. Should the tenants vacate the
apartment or have previously vacated, the arrears are due and
payable immediately.
THEREFORE, pursuant to the Rent Stabilization Law and Code
and Rent and Eviction Regulations 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 in accordance with this order and
opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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