Administrative Review Docket Nos.: FL810304RT through FL810317RT
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 NO.: FL810304RT
through FL810317RT
VARIOUS TENANTS, :
DRO DOCKET NO.: FE910034RP
: (EJ930060B)
PETITIONERS LANDLORD: ALEXANDER STERN
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On December 19, 1991, the above-referenced tenants filed fourteen
individual but identical Petitions for Administrative Review
against an order issued on November 14, 1991, by the District Rent
Administrator at 55 Church Street, White Plains, New York,
concerning the housing accommodations known as various apartments
at 284 South Columbus Avenue, Mount Vernon, New York, wherein the
Administrator directed the restoration of services, further finding
that a rent reduction based thereon was not warranted under the
circumstances.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by these PARs.
On October 16, 1990, fifty-six tenants submitted a joint complaint
of a decrease in building-wide services and requested a rent
reduction based thereon.
In the appealed order, the Administrator found that there had been
a reduction in services as to various building-wide services. The
Administrator directed the landlord to restore said services and
denied the tenants' application for a rent reduction based on a
reduction in services. The Administrator noted, in the appealed
order, that "a majority of the tenants are already under a rent
decrease due to a major fire at the building".
In the PARs herein, the tenants state, in substance, that the rent
reductions in effect for the tenants whose apartments were damaged
Administrative Review Docket Nos.: FL810304RT through FL810317RT
by the fire (under which those tenants pay $1.00 a month rent) was
given to tenants who have vacated the building whereas some twenty
of the original complainants below are still in the building and
are enduring, without monetary compensation, the decreases in
service found by the Administrator. Moreover, they argue, whether
or not a rent reduction is granted is not a matter within the
Administrator's discretion, but is mandatory once a reduction in
services is found.
In answer to the PARs, the landlord, in pertinent part, states that
the Administrator correctly denied the tenants' application for a
rent reduction.
The Commissioner is of the opinion that the PARs should be denied
and the Administrator's order should be affirmed.
The Commissioner notes that the relevant section of the Tenant
Protection Regulations (TPR), Section 2503.4, reads in pertinent
part as follows: "A tenant may apply to the division for a
reduction of the legal regulated rent to the level in effect prior
to the most recent adjustment under section 2502.5(c) of this
Chapter, and the division may so reduce the rent where it is found
that the owner has failed to maintain services"[emphasis supplied].
The Commissioner finds that it is within the discretion of the
Administrator to grant or deny a rent reduction in a case where a
reduction in services is found. The Commissioner further finds that
the tenants have failed to assert in their PARs any basis upon
which the Administrator's denial of the rent reduction herein might
be deemed an abuse of that discretion.
THEREFORE, in accordance with the provisions of all of the
applicable statutes and regulations, it is,
ORDERED, that these Petitions for Administrative Review be, and the
same hereby are, denied, and, that the order of the Rent Adminis-
trator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
1A2D3D2FL810304.RT
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