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.:
SIERRA ASSETS GROUP LTD.,
PETITIONER FE 530193-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 4, 1992, the above-named petitioner-owner filed a
petition for administrative review of an order issued on January 6,
1992, by the Rent Administrator, concerning the housing accommoda-
tion known as 540 Ft. Washington Avenue, New York, NY, wherein the
Administrator ordered a rent reduction upon a finding of a decrease
in services building-wide.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing of a complaint of a
decrease in services building-wide. A Division staff member made
a physical inspection on August 12, 1991 and reported, among other
things: top floor public areas showed peeling paint and plaster
and water stains, water seepage in bulkhead of fifth floor public
areas, and uneven flooring of first floor public areas. The owner
was notified of these findings on August 26, 1991 and given an
opportunity to repair.
On October 8, 1991 reinspection of the premises by a Division staff
member reported the same defects. As a result an order reducing
the rent for the rent controlled and rent stabilized tenants was
issued on January 6, 1992.
In its PAR, the owner contends that all the services referred to in
the Administrator's order are maintained and submits photocopies of
snapshots of the affected areas.
Several tenants filed answers to the owner's PAR. One stated that
all is satisfactory, others said the conditions complained of have
The Commissioner is of the opinion that the owner's petition should
be denied. The snapshots, of which copies were submitted on PAR,
are undated and indistinct. Furthermore, the owner makes no
allegation that repairs were made before the October 8, 1991 re-
inspection. The owner does not disprove the results of the
Division's October 8, 1991 inspection. Therefore, the Commissioner
finds that the Administrator correctly determined that the owner
had failed to maintain services and properly reduced the rent.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the City Rent Control Law, and the Rent and Eviction Regulations,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA