HF130298RT
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.: HF130298RT
MANUELA PEREZ RENT
ADMINISTRATOR'S DOCKET
NO.: GI130072B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On June 30, 1993 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued June 23, 1993. The order concerned various
housing accommodations located at 35-43 84th Street, Jackson
Heights, N.Y. The Administrator denied the tenants' building-wide
services complaint.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on September 12, 1992 when the
petitioner-tenant herein joined with 32 other tenants in filing of
a Statement of Complaint of Decrease in Building-Wide Services
wherein it was alleged, in substance, that there are no locks on
the basement doors and that non-residents enter the building at
night and use the basement, thereby compromising tenant safety.
The tenants did not request a rent reduction.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner failed to file a response.
The Administrator ordered a physical inspection of the subject
apartment. The inspector was instructed to check if the basement
door is equipped with a lock and if it was, in fact, locked. The
inspection was carried out on May 28, 1993. The inspector reported
that the tenants use elevators to get to the basement and that the
elevator doors are open.
The Administrator issued the order here under review on June
16, 1993 and denied the complaint, stating that the "evidence of
HF130298RT
record does not indicate that the interior doors to the basement
were ever equipped with a lock."
On appeal the tenant states that the basement has always had
locks and that the locks are not kept in good repair. The petition
was served on the owner on July 29, 1993.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted,
the order here under review should be revoked and the proceeding
should be remanded to the Administrator for further processing.
The Commissioner finds that the inspector's report and order
are not responsive to the complaint. The inspector failed to
investigate whether any doors led to the basement from the outside
or the lobby and whether these doors have properly operating locks.
Such an investigation would have been the proper course of action
based on the instant complaint.
The Commissioner is of the opinion that the order here under
review should be revoked for the reason stated above. This
proceeding is remanded to the Administrator for the ordering of a
new inspection. If the inspector finds that there are no locks on
any doors leading into the basement and no evidence of any locks
ever having been installed, a hearing may be necessary to establish
whether locks are a required base-date service.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and it is further
ORDERED, that this proceeding be, and the same hereby is,
remanded to the Administrator for further processing consistent
with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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