Thought's In A Press

Archive for May, 2012|Monthly archive page

Backyard & Basement Use In A Press

In Activism, Charles Barron, D.H.C.R., Department Of Buildings, DHS, Diana Reyna, Erik Dilan, Landlord, Leadership, N.Y.State, NY State Assembly, NYC Adminstration, Nydia Velazquez, People, Popular, Rent Stabilized, Service's, Uncategorized on May 8, 2012 at 8:17 PM

 

When In Doubt

Search It Out!

 
I Recently Had A Discussion With The Property Manager Of My Building Regarding Use Of The Backyard.

 

She Has Stated That She Does Not Want Me, Not The Landlord But She, To Use The Backyard And That It Was Not Part Of My Lease Amenities.

 

She Stated That She Would Put That In Writing.

 

I Countered That The Landlord Has On Several Occassion’s Complimented Me On The Upkeep And The Vegetable Garden That I Have Sown In The Outer Area’s Not Covered By Concrete, As It Was Intended For.

 

I Stated That No Matter What She States I Will Continue To Freely Use This Enclosed Area, Since My Back Window And That Of My Neighbor’s Window Is The Only Access Apart From The Basement Exit Door On The Ground.

 

I Have Always Had Access To This Area Prior To Her Company Purchasing The Property, As Well As The Basement Area.

 

As Noted By The Enclosed Court Hearing On The Matter, The Tenants Had Property Confiscated By The New Landlord, Thereby Acknowledging That The Area’s In Question Were Previously Used By The Tenant’s.

 

Here Is The Garden Area As Well As The Enclosed DHCR Administrative Court Hearing Minutes.

 

HC230254RO                                
                                                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

         —————————————————–x    
         IN THE MATTER OF THE ADMINISTRATIVE           ADMINISTRATIVE REVIEW
         APPEAL OF                                                                              DOCKET NO.:              
         HC230254RO
                                                  JANET BRAND
                                                                     &
                                              HSUAN PING YUAN,              RENT ADMINISTRATOR‘S
                                                                                                       DOCKET NO.:
                                                   PETITIONERS                       EJ230152B
         —————————————————–x

         ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                         

         The above-named petitioner-owners filed a timely petition for
         administrative review (PAR) of an order issued on April 23, 1993
         concerning the housing accommodations known as 382 12th Street,  
         Brooklyn, New York, various apartments, wherein the Rent
         Administrator determined the tenants’ complaint of a reduction of
         certain building-wide services.

         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 petition.            

         Three rent stabilized tenants commenced this proceeding by filing
         a complaint asserting that the current owners discontinued the
         tenants’ access to the basement for storage and of the backyard,
         permitted by the prior owner.

         The owners denied the allegations set forth in the complaint, and
         asserted that they were never services provided by the former
         owner, who was aged and infirm, and not able to prevent unauthor-
         ized use.  The owners also stated that neither of the services were
         registered by the then owner in the initial 1984 services registra-
         tion, nor provided for in the tenants’ leases.

         In response to a request for additional information, the tenants
         reiterated that they had always had access to the basement for
         storage and to the backyard for recreational and other uses.  The
         tenants also stated that the owners had removed and discarded the
         tenants’ property from the backyard.  Copies of the tenants’
         responses were mailed to the owner.  There is no record of a
         response from the owner.

         HC230254RO                                

         Thereafter, an inspection of the subject premises was conducted by
         the DHCR inspector who confirmed that the tenants did not have
         access to the storage facilities and backyard at the time of the
         inspection.

         The Rent Administrator ordered restoration of these services, and
         further, ordered a reduction of stabilization rents.

         In the appeal the owners reiterates that access to the basement
         storage space and to the backyard were never required services, and
         that such services were not registered nor authorized, and not set
         forth in the tenants’ leases.

         After careful consideration, the Commissioner is of the opinion
         that the petition should be denied.

         Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
         required to order a rent reduction, upon application by a tenant,
         where it is found that an owner has failed to maintain required
         services.  

         The tenants asserted and the owners denied basement storage space
         and use of the backyard were services provided by the owners.  
         However, on appeal the owners confirmed that the tenants had been
         directed to remove their possessions from the basement and to cease
         use of the backyard .  The owners also stated on appeal that from
         1986 through 1988 the building was managed by a professional
         managing agent and thereafter by the executrix of the incapacitated
         prior owner until transfer of title.  If the services were not
         authorized initially, failure to take appropriate action when the
         facts became apparent to them constituted a waiver.  Accordingly,
         the owners, as successors in interest, remain obligated to continue
         these services.

         The owners are in error in raising the initial 1984 building regis-
         tration to establish that the basement storage space and use of the
         backyard were not contemplated as services.  Tenants can assert
         decreases of required or essential services at any time.  Whether
         or not the services were listed in the tenants’ leases is also not
         relevant.  Required or essential services are not confined to
         services set forth in the lease.  It is the actual services
         provided on the base date or thereafter, not lease provisions or
         registered services, that control.

         HC230254RO                                

         The one tenant’s request to withdraw the complaint cannot be con-
         sidered since the order was issued properly, and must therefore be
         followed.

         The automatic stay of retroactive abatements that resulted by the
         filing of the petition is vacated upon issuance of this Order and
         Opinion.

         The owners may file a rent restoration application if the facts so
         warrant.

         THEREFORE, in accordance with the Rent and Eviction Regulations for
         New York City, the City Rent Control Law, and the Rent Stabiliza-
         tion Law and Code, 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

See: http://tenant.net/DHCR/pars/pars14/HC230254RO.html

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