Docket No. FD 830119-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:FD 830119-RO
DOCKET NO.:WEG 910096-B
Premises: 205 W. Post Rd.
2 Soundview Ave.
White Plains, NY
Michael Associates PETITIONER
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenants commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject premises including but not limited to a pothole in
The owner replied that the defects were being corrected.
Thereafter an inspection of the subject premises was conducted
by a D.H.C.R. inspector who confirmed the existence of a pothole in
the driveway, and the repair of the other complained of conditions.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the regulated rent.
In its petition for administrative review, the owner concedes
that there are "problems" with the driveway but then asserts that
since the driveway is only used by tenants who have parking spots
in the garage, the Administrator erred by reducing apartment rents
only, and not garage rent.
The Commissioner is of the opinion that this petition should
Docket No. FD 830119-RO
The DHCR regards the driveway as an integral part of the
premises. Thus, any defect in the driveway is constructively a
reduction in service affecting all complaining tenants.
The Commissioner notes that on May 22, 1991 the owner filed an
Application for Rent Restoration under Docket #FE 930088-OR, and
that the Administrator granted this Application on February 10,
THEREFORE, in accordance with the provisions of the Tenant
Protection Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that te order of the Rent
Administrator be and the same hereby is, affirmed.
Joseph A. D'Agosta
Acting Deputy Commissioner