Docket No. FF 830406-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.: FF 830406-RO
DISTRICT
ADMINISTRATOR'S DOCKET
NO.: NDA 830034-B
John J. Grogan & Associates Premises: Various Apts.
1255 North Ave.
PETITIONER New Rochelle,NY
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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.
Various tenants commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject premises, specifically, that the owner eliminated
previously available free parking spaces in front of the premises,
thereby restricting tenants to the choice of purchasing parking
spots in the garage or unreliable street parking not in front of
the premises.
The owner responded to the tenants' complaint by stating that
it had provided both indoor and outdoor parking; the indoor parking
spaces being rented on a "first come, first-serve" basis (there
existing a greater demand for indoor parking than for outdoor
parking). The owner added that during the nicer weather many of
the renters of the indoor parking spaces would park
outdoors. This reduced the already scarce number of outdoor
parking spaces. The owner thus proposed to offer reserved outdoor
spaces, for a price, to those tenants who were unable to obtain
indoor spaces. The owner concluded by stating that it was merely
trying to be fair to all the tenants, regardless of whether they
parked indoors, or outdoors.
The Rent Administrator directed restoration of unrestricted
outdoor parking.
Docket No. FF 830406-RO
In its petition for administrative review, the owner reiterates
its argument made below. The owner additionally alleges that of
the 18 signatories to the tenants' complaint one later wrote a
letter to the owner stating that she didn't want to join the action
and had signed the complaint by mistake (a copy of the letter is
enclosed with the owner's petition). The owner continues that 3
more of the signatories are neither drivers nor car owners and are
thus not affected by the owner's policy, and that each of the
remaining 14 signatories has rented one or more indoor parking
spots. Owner also contends for the first time on appeal that the
City of New Rochelle has "forbidden all overnight parking on North
Avenue." (This restriction would not apply to the parking spaces
in question but would presumably increase the demand for them.)
The Commissioner is of the opinion that this petition should be
denied.
The owner's allegations on appeal concerning certain
signatorys' standing to complain of a reduction in services and the
alleged legal restriction on parking on North Avenue were not made
below, without any explanation of why this issue was not raised
below. These arguments thus will not be considered by the
Commissioner on appeal which, absent good cause, is limited to the
issues and evidence which were before the Administrator.
Moreover, the Commissioner notes that it is undisputed that a
service (free outdoor parking) once provided to all tenants and
their guests, including the fourteen petitioners who allegedly have
rented indoor parking spaces, is now available only on a rental
basis. This constitutes a reduction in service.
This order is issued without prejudice to the owner's right to
file an application to decrease services with the consent of the
tenants in return for a reduction of rent pursuant to Section
2502.4 (b) of the Tenant Protection Regulations.
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 the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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