HC130069RO
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.:
HC130069RO
ANNA CERULLI,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO.:
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 8, 1993, the above-named petitioner-owner filed a peti-
tion for administrative review (PAR) of an order issued on January
28, 1993, by the Rent Administrator, concerning the housing
accommodation known as 24-48 27th Street, Apartment 1-R, Astoria,
New York, wherein the Administrator determined that the owner had
failed to maintain certain services and ordered a reduction in
rent.
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 the administrative appeal.
This proceeding was commenced by the filing of a complaint of
reduction in services by the tenant alleging insufficient hallway
and stairway light, specifically, that the source of light can only
be turned on by a switch that is inaccessible to the tenant..
The owner was served with a copy of the tenant's complaint and
responded that adequate light is being provided.
An inspection of the premises was conducted by this Division which
confirmed the complained of conditions resulting in the order
herein appealed.
On PAR the owner stated that the Administrator's order was incor-
rectly addressed and was not mailed to the registered owner,
resulting in this late filed PAR; that the hallway light is
operated by a switch manually and is not automatic, that it has
always been this way; and that to make it automatic would be an
increased service entitling the owner to an increase in rent.
HC130069RO
The tenant responded to the owner's PAR stating that the order was
correctly mailed to the owner's agent, that the light in question
cannot be operated by the switch which is behind the locked cellar
door, that the bulb itself must be turned, and that it is difficult
to reach.
The owner responded that the switch inside the basement door is
always in the "On" position, so access to the switch is not
necessary, and that the lighting is otherwise adequate.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
An inspection by a Division of Housing and Community Renewal (DHCR)
staff inspector on December 8, 1992, confirmed inadequate lighting
in the hallway and staircase. It was proper for the Administrator
to rely on the results of inspection in determining the outcome in
this case.
The Commissioner rejects the tenant's contention that the
Administrator's order was properly mailed. The order should have
been mailed to the party specified as the owner on the tenant's
complaint which is the same person named as the owner in the last
filed registration statement. Because the order was sent to a
different entity the Commissioner finds that the order does not
constitute proper notice and entitles the owner to have its PAR
considered timely although it was filed more than 35 days after
issuance of the Administrator's order.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Emergency Tenant Protection Act of 1974, 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,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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