STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GC420199RO
302 West 86th Street Owners' Corp.,
DOCKET NO.: EK420749S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 18, 1992 concerning the
housing accommodation known as 302 West 86th Street, Apartment 1A,
New York, New York, wherein the Rent Administrator determined the
tenants' complaint of decreased service.
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 accommodations.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, an inspection of the subject accommodations was
conducted by a DHCR inspector who confirmed the existence of the
defective conditions relating to stuck windows, peeling paint, wall
dents, and the elimination of storage space services previously
provided without charge.
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the controlled rent.
In its petition for administrative review, the owner states, in
substance, that the conditions were minor in nature and the result
of normal wear and tear. Concerning storage space services, the
owner claims that it renovated the storage space to provide secure
storage bin facilities, albeit at a monthly charge. The owner
acknowledges that the tenants were previously allowed to use the
unsecured storage area without charge.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Rent Administrator may impose a rent reduction where there has
been a decrease in essential services, furnishings and equipment
among other things.
The owner admits that unsecured storage space services were
previously provided to the tenants without charge. The tenants are
entitled to the same or substitute services. Absent prior
approval from DHCR, the owner cannot require the tenants to pay a
fee to continue this service merely because of the renovations.
The owner's petition does not establish any basis for modifying or
revoking the Rent Administrator's order, which determined, based on
an inspection and the owner's statements, that there existed
defective conditions in the subject accommodations for which a rent
reduction is warranted.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA