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.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On August 19, 1988, the above-named petitioner-owner filed a peti-
tion for administrative review (PAR) of an order issued on July 14,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as Various apartments at 45-50 48th Street, Queens,
New York, wherein the Administrator determined that the owner was
not maintaining certain services, directed restoration of such
services, and ordered a rent reduction of $7.00 per month for all
rent controlled tenants in the building.
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.
The record indicates that on December 16, 1987, one tenant filed a
Statement of Complaint Of A Decrease In Building-Wide Services in
which she alleged that the elevator works only about 70% of the
time, the incinerator room is full of garbage and the rear yard is
full of garbage, causing an infestation of flies.
In answer to the complaint, the owner stated that the elevator
works all the time and is maintained pursuant to a service con-
tract, that the tenant has no business in the incinerator room
which is kept clean by the superintendent, and that there is no
garbage in the rear yard.
A physical inspection by the Division of Housing and Community
Renewal (DHCR) on March 1, 1988, revealed that the elevator was not
defective, and there was no garbage accumulation in the incinerator
rooms or in the rear yard. The inspector did report that the
public areas need a thorough cleaning and there was evidence of
roach and rodent infestation.
Based on the inspection report, the Rent Administrator issued the
order appealed herein.
In the petition for administrative review, the owner seeks reversal
of the order claiming that the building was recently renovated, the
public areas are swept once a day and mopped once a week, extermi-
nation is done on a monthly basis, and so many improvements have
been made in the building that a rent reduction is unjust.
The petition was served on the tenant on September 21, 1988.
After careful consideration of the evidence of record, the Commis-
sioner is of the opinion that the petition should be granted and
the rent reduction order should be revoked.
The tenant's complaint mentioned only the elevator, the incinerator
room, and the rear yard, and it was only these items that the owner
was put on notice of the need to correct. The inspector's report
of dirty public areas and infestation was beyond the scope of the
complaint and cannot support a rent reduction.
Any rent arrears due as a result of this order may be paid off in
installments of $7.00 per month.
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, granted,
and that the Rent Administrator's order be, and the same hereby, is
JOSEPH A. D'AGOSTA