AR Docket No. AL 710247-RT
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.: AL 710247-RT
VARIOUS TENANTS, DRO DOCKET NO.:
N-HEMP-86-S-1503/1591-OR
PETITIONER
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL
AND REVOKING THE ADMINISTRATOR'S ORDER
On December 2, 1986 the above-named petitioner filed an
Administrative Appeal against an order issued on November 20, 1986
by the District Rent Administrator (50 Clinton Street, Hempstead,
N.Y.) concerning the housing accommodations known as 380 Front
Street, Hempstead, New York, various apartments, wherein the
Administrator granted the owner's rent restoration application.
The owner commenced the proceeding below by filing its application
in August of 1986, in which it certified that it had restored
services for which a rent reduction order was issued in July of
1986. The owner stated that (1) there was a responsible person on
the premises available for emergency repairs or work; (2) the
intercoms are functioning properly; (3) adequate lighting is
provided in the parking lot; and (4) the front and rear door locks
function properly. Numerous tenants objected to the owner's
application, stating in substance, that (I) there was no 24-hour
superintendent on the premises; (II) the intercom does not work
properly; and (III) the lighting in the parking lot is inadequate.
On October 16, 1986, a physical inspection of the subject premises
was conducted by this Division. The inspection report disclosed
that the lighting in the parking lot was inadequate and that the
subject building does not have a live-in super.
Subsequently, the owner submitted to the Administrator an
evaluation by a lighting contractor of the exterior security
lighting at the subject premises, done at the owner's request.
This evaluation (dated October 20, 1986) stated that the
recommended footcandle level for a self-parking area is 1, and
that the footcandle levels found at the subject parking lot were
as follows: "The rear parking lot shows different levels
depending on the distance from the building. At the perimeter of
the building, the levels are 1-2 F.C. In the middle of the lot
the range is .2-1F.C. The rear of the lot shows a reading of
.2-.5 F.C. The extension in the rear of the lot shows .1 F.C."
In addition, the owner submitted a letter stating that since
August there has been a new superintendent (a Mr. Conners) in the
building who would be moving into a new apartment in November, at
which time he would have a telephone number.
AR Docket No. AL 710247-RT
The District Rent Administrator's order, appealed herein,
determined that based upon the evidence in the record, the
landlord has restored the services in the subject building. The
Administrator stated, among other things, that the lighting
contractor's report found that there was adequate lighting in the
parking lot.
On appeal, the petitioner-tenants contend, in substance, that (A)
Mr. Conners is not a qualified super and has stated so; (B) Mr.
Conners is on the premises just to keep the building clean; (C)
the DHCR did not reinspect the parking lot lighting but accepted
the report of the Landlord's contractor despite having a staff
qualified to inspect; and (D) the intercom could not have been
properly inspected since 90% of the tenants were at work at the
time of inspection.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted and the Administrator's order revoked.
At the outset, the Commissioner notes that the record supports the
Administrator's determination with respect to the restoration of
the intercom service, and that it is inconclusive with respect to
the restoration of superintendent services. However, the record
does not support the Administrator's determination concerning the
restoration of adequate lighting in the parking lot. In this
connection, the Commissioner notes that the DHCR inspector's
finding of inadequate lighting is confirmed by the evaluation of
the owner's contractor (submitted by the owner).
On the basis of the entire evidence of record, it is found that
the administrative appeal herein should be granted and the
Administrator's order revoked, since restoration of rent is not
warranted until all services that were the basis for the decrease
order have been restored.
The owner is hereby directed to refund or credit to the tenants in
twelve equal monthly installments any excess rent collected as a
result of the Administrator's order, such refund or credit to
commence within 60 days from the date of issuance hereof.
THEREFORE, in accordance with the applicable provisions of the
Emergency Tenant Protection Act of 1974 and Operational Bulletin
84-1, it is
AR Docket No. AL 710247-RT
ORDERED, that the administrative appeal be, and the same hereby is
granted; and that the Administrator's order be, and the same
hereby is revoked.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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