DOCKET NUMBER: AJ-410489-RO
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 NUMBER: AJ-410489-RO
:
AAF McALPIN ASSOCIATION, : DISTRICT RENT ORDER
: DOCKET NUMBER: LS 000158-B
:
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 15, 1986 the above-named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on September 12, 1986. The order concerned
housing accommodations located at 50 West 39th Street, New York,
New York. The Administrator issued a building-wide order reducing
rent for failure to maintain services.
The Commissioner has reviewed the record and has carefully
considered that portion relevant to the issues raised by the
administrative appeal.
Four tenants commenced the proceeding by joining in a complaint
filed on October 6, 1984 alleging various decreased building
services including problems with heat and air conditioning, rats
in incinerator area, problems with elevators, and trash in lobby,
wallpaper torn down.
The owner filed an answer on December 4, 1984. In that answer the
owners stated that it attempted to rectify the problems in one
tenant's (Gelmi's) apartment but was denied access. Regarding the
air conditioning and elevator, the owner admitted that problems
existed but were temporary inconveniences. The owner stated that
no wallpaper existed in the lobby to be torn down and any debris
in the lobby was caused by the "tremendous traffic" through the
lobby.
One tenant advised on April 10, 1985 that services had not been
restored.
The Administrator ordered an inspection to be held. That
inspection was conducted on April 15, 1985. The inspector found
the following services deficiencies:
1. Incinerator needs exterminator service.
Evidence of vermin.
2. Elevator needs repair. Not working at time of
DOCKET NUMBER: AJ-410489-RO
inspection.
3. Public areas littered at time of inspection.
4. Hallway corridor wallpapers are peeling from
wall.
5. Heat not required.
A copy of the inspector's report was served on the owner on
September 9, 1985.
The owner responded on October 17, 1985 that the building was
serviced by an exterminator on a weekly basis, the elevators
are in working order, porters clean the public areas daily, and
paper hangers are in the process of repairing all damaged
wallpaper.
The premises were reinspected on April 15, 1986. The inspector
reported:
1. Inadequate extermination.
2. Holes in floors and walls.
3. Incinerators in need of cleaning.
4. One (1) of six (6) elevators is defective.
5. Lobby wall paper torn and open at the seams.
Based on the inspector's report, the Administrator issued orders
reducing the rents of three of the complaining tenants (the fourth
had moved out).
On appeal the owner raised the following points in urging reversal
of the Administrator's order:
1. This complaint is two years old.
2. We have no record of receiving original
complaint.
3. All items listed have long since been corrected.
a) The building has a service contract
with a licensed exterminator.
b) The building has a full service
contract with an elevator service
company. All elevators are working.
c) The holes referred to were due to
major construction ongoing at the
time and were repaired, as is the
wallpaper in the lobby.
d) The compactor is cleaned on a daily
basis.
DOCKET NUMBER: AJ-410489-RO
4. We have no record of a visit by a DHCR
Inspector, nor a report.
5. All required services are provided.
6. Two of the listed tenants have moved; one to a
different apartment and another out of the
United States.
One tenant filed a response to the petition. In that response the
tenant stated that problems still exist with the elevators, that
the holes in the walls had been plastered but not painted and that
two tenants had, indeed, moved out but one still resided in the
United States.
After a careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The fact that the tenant's complaint was two years old does not
render the rent reduction order invalid. The determination that
certain services were not being maintained was based on a
physical inspection conducted only a few months before the order
was issued and the inspection confirmed that during the year and a
half that the proceeding was pending the owner had not made the
necessary repairs to correct the conditions cited in the
complaint.
The assertion that the complaint was not received is belied by the
fact that an answer to the complaint was filed by the owner. The
owner's claims that all conditions have been corrected is not
supported by any evidence and is contradicted by the DHCR
inspector's two reports and by the statement of one tenant.
The record also reveals that, contrary to the owner's statement, a
copy of the May 15, 1985 inspection was served on the owner and
the owner submitted a response to it.
Finally, the fact that two of the tenants have moved out does not
relieve the owner of the responsibility to correct the service
deficiencies. It is the apartment rent that is reduced regardless
of any change to tenancy, and the reduction remains in effect
until a rent restoration order is issued.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that the petition be, and the same hereby is, denied and
that the Rent Administrator order be, and the same hereby is,
denied.
ISSUED:
DOCKET NUMBER: AJ-410489-RO
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: AJ-410489-RO
DRO Docket No/Order No.: LS 000158-B
Tenant(s): VARIOUS
Owner: AAF McALPIN ASSOCIATION
Code Section:
Premises: 50 WEST 39TH STREET, NEW YORK, NEW YORK
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
Administrator ordered building-wide rent reduction. Owner put
forth various grounds for reversal. None valid. Affirmed.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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