DOC. NO.: ART 12966-Q
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. ART 12966-Q
D.R.O. ORDER NO.:
ALAN J. MALONEY, : ZAA-130095-B
PETITIONER : OWNER: RICHARD ALBERT
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ORDER AND OPINION GRANTING PETITION FOR
ADMINISTRATIVE REVIEW IN PART
On August 25, 1986, the above named petitioner-tenant filed a
Petition for Administrative Review against an order issued on July
25, 1986, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning housing accommodations known as
various apartments, 94-05 222nd Street, Queens Village, New York,
wherein the Rent Administrator ordered the owner to repair cracked
window panes and replace missing lights in the
public hallways of the subject building. However, the
Administrator found that a rent reduction was not warranted.
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 tenant commenced this proceeding in January and February of
1986 by filing several service complaints, including the
allegations that certain hallway windows were cracked and certain
hallway lights were not functioning. All the complaints were
consolidated under docket number AA-130095-B. With his
complaint the tenant attached a copy of the owner's answer in a
different proceeding (QSC-OOO368-S) in which the owner stated
that the windows were not impaired by the cracks since they were
wired glass windows and had "passed dozens of building-wide
inspections" in the same condition. Nevertheless, the owner
agreed to replace the cracked windows by the end of July 1985.
According to the 1986 complaint, the replacements had not been
made. The complaint contains a photograph of a wired glass
window with two cracked panes. (In Administrative Review Docket
Number ART 06180-Q it was found that the owner had repaired some
but not all of the cracked windows, and because the owner was in
"substantial compliance" with the Order in Proceeding Number QSC-
OOO368-S no rent reduction was warranted.)
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Although the tenant complained of building-wide service
reductions, no other tenant joined in the complaints whose
resolution is herein under review.
The tenant requested a rent reduction based upon the alleged
decreases in services.
In answer to the complaint, the owner stated that the complaints
were part of a campaign to harass the owner, and that the
complaints regarded normal maintenance and did not warrant a rent
reduction. The owner also stated that the issue of housing
maintenance was being covered in hearings under Docket Number
QCS OOO151-B. (Division records indicate the specific complaints
of cracked windows and missing lights were not addressed in that
proceeding.)
In Order Number ZAA-130095-B, the Rent Administrator determined,
after an inspection held May 7, 1986 that the hallways had
cracked window panes and missing lights, but did not order a rent
reduction.
In this petition, the tenant contends that the Rent
Administrator's Order is incorrect and should be modified because
a rent reduction, when requested by a tenant in a service
complaint, is mandatory pursuant to the Omnibus Housing Act of
1983.
In answer to this petition, the owner contends that the petition
should be denied because the complained of conditions are too
minor to warrant a rent reduction. Indeed, the owner further
argues that the Administrator erred by ordering the cracked
windows replaced, attaching a copy of a 1958 Department of
Buildings memorandum which stated in part, that a cracked window
pane which was not loose did not constitute a violation of the
Multiple Dwelling Law.
In addition, the owner repeats his allegations that the
complaints are part of a harassment campaign.
In support of the allegations that minor service reductions do
not warrant a rent reduction the owner cites Administrative
Review Docket Number ARL 00752-L.
The Commissioner is of the opinion that this petition should be
granted in part.
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The Administrative Review Order cited by the owner (ARL 00752-L,
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issued February 21, 1986) did find that certain services
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reductions (none of which involved cracked windows or inadequate
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public hallway lighting) did not warrant a rent reduction.
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However, in Hyde Park v. DHCR, 527 N.Y.S.2d 841 (1988), aff'd 541
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N.Y.S.2d 345 (1989), the court held that Section 26-514 of the
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Administrative Code of the City of New York requires a rent
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reduction where an owner has been found to have not maintained
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required services.
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On October 27, 1987 the tenant responded to a request for
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information stating that the windows had been repaired but the
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missing light bulbs had not been replaced.
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The Commissioner notes that the owner has not even alleged that
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the bulbs have been replaced. Accordingly, the Commissioner
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finds that missing lights in public hallways, confirmed by an
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inspection, conducted months after the owner is put on notice of
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the specific condition and where the owner has not even alleged
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as part of the proceeding that the condition was remedied,
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constitutes a reduction of required services and that a rent
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reduction is mandated by the Hyde Park decision. See Section
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D26-19.03 of the Housing Maintenance Code.
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Since the petitioner's apartment is subject to Rent Stabilization
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the appropriate rent decrease is a Guidelines increase effective
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the first rent payment date following service of the tenant's
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complaint on the owner. Accordingly, the rent reduction shall be
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effective April 1, 1986. This rent reduction shall not be
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cumulative to any other rent reduction already in place for an
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overlapping period for the subject apartment.
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Since the rent reduction under the Stabilization Law is one
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Guidelines increase regardless of the number of services
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involved, the issue of the cracked glass, which admittedly has
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been restored is rendered moot.
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THEREFORE, in accordance with the Rent Stabilization Law and
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Code, it is
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ORDERED, that this petition be, and the same hereby is, granted
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in part and the Rent Administrator's order be, and the same
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hereby is, modified in accordance with this Order and Opinion.
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ISSUED:
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ELLIOT SANDER
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Deputy Commissioner
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