PAR DOCKET NOS.: FL130461RT, ET AL.
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.:
FL130461RT;
: FL110464RT;
FL110507RT;
FL110508RT;
FL110509RT;
FL110510RT;
FL110511RT;
FL110512RT;
FL110513RT;
FL110514RT;
FL110515RT;
FL110516RT;
FL110517RT;
FL110518RT;
FL110519RT;
FL110520RT.
VARIOUS TENANTS,
RENT ADMINISTRATOR'S
DOCKET NO.:
EI130118OR
PETITIONERS :
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenants timely refiled 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 accommodations known as Joyce Gardens,
located in Flushing, New York, wherein the Administrator granted
the owner's rent restoration applications.
ADM. REVIEW DOCKET NOS.: FL130461RT, ET AL.
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, and no excess accumulation of garbage and
debris, the Administrator concluded that the conditions, upon which
rent reduction orders were issued on January 13, 1987, per Docket
No. TC72035C158, had been corrected, and warranted restoration of
rents, effective March 1, 1991.
In identical administrative appeals, the petitioners allege
that there is an excess accumulation of garbage and debris in and
around the garbage dumpsters, evidence of vermin infestation in and
around the garbage dump area, and that the garbage dumpsters have
been relocated to separate areas from one central location. One
tenant's petition stated that he did not receive the rent
reduction.
The applicable regulations are 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 relocated to
separate areas from one central location, sets forth a condition
constituting a reduction of services warranting remedial action by
the owner.
The Commissioner further notes that the tenants' assertion
regarding relocation of the dumpsters was not a predicate 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.
With regard to the tenant's reference of not receiving the
rent reduction, it is not relevant to the instant rent restoration
ADM. REVIEW DOCKET NOS.: FL130461RT, ET AL.
order herein under appeal. This order is issued without prejudice
to the tenant's right to file a rent overcharge complaint, if the
facts so warrant.
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 Rent Administrator's orders be, and the same
hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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