BA 230007 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 NO.: BA 230007 RO
Yusuf S. Adam DISTRICT RENT ADMINISTRATOR
DOCKET NO.: ZKCS 000231 OR
PETITIONER
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ORDER AND OPINION GRANTING IN PART PETITION FOR ADMINISTRATIVE
REVIEW
On January 5, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 5, 1987 by the Administrator, (Gertz Plaza) concerning
housing accommodations known as 1960 East 8th Street, Brooklyn,
New York, various apartments.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
On October 9, 1985, the subject owner filed a application to
Restore Rent of the Controlled and Stabilized apartments which
had been reduced because of its failure to maintain services.
On October 6, 1986 a physical inspection of the subject
premises was conducted by the Division of Housing and Community
Renewal (DHCR). The inspector's report revealed that most of
the services for which the rents had been reduced were restored
except the bell and buzzer system was defective and inoperable;
and that the first floor hall windows lower sash was broken.
On December 5, 1986, the District Rent Administrator denied
the owner's application to restore the rent of the Controlled and
Stabilized apartments based on the inspector's report which
disclosed that the owner had not restored all the required
services.
In its petition the owner contends, in substance, that the
required services were restored except the bell and buzzer system
since 16 out of the 19 tenants had submitted signed statements in
the proceeding below requesting that said service be
discontinued; and that the first floor hall window lower sash was
not cited in the Administrator's order as one of the items
needing repair.
The Commissioner is of the opinion that this petition should
be granted in part.
A review of the record before the Administrator discloses
BA 230007 RO
that several tenants submitted answers stating that the bell and
buzzer system is a nuisance, and thus said service should be
terminated; and that the broken first floor hall window lower
sash was not one of the items for which the Administrator had
previously reduced the rent. The Commissioner is of the opinion
and finds that the bell and buzzer system is a building wide
security service provided by the owner. The tenants' request
with respect to the discontinuance of this system does not
relieve the owner of its obligation to provide this service since
it would violate current and future tenants' rights as protected
by the Law and Code. However, upon the owner's filing the
instant rent restoration application, it was improper for the
Administrator to direct the owner to repair any defective item
which was not cited in the original rent reduction order.
Therefore, the Administrator's order should be modified by
deleting that portion of the order requiring the owner to repair
the broken first floor hall window lower sash. Moreover, since
the owner had restored all other items, with the exception of the
bell and buzzer system, the rents of the controlled apartments
should be partially restored by $19.00 per month, effective as of
the issuance date of the Administrator's order, December 5, 1987.
THEREFORE, in accordance with the provisions of Rent
Stabilization Law and Code, and the Rent Regulations for New York
City, it is
ORDERED, that this petition for administrative review be,
and the same hereby is granted in part; and that the order of the
Rent Administrator be and the same hereby is modified by deleting
that portion thereof directing the owner to repair the first
floor hall windows lower sash; that the maximum legal rents of
the rent controlled apartments are hereby increased by $19.00,
effective December 5, 1987 for the reasons hereinabove specified
and that as so modified said order be and the same hereby is
affirmed.
Note: The tenants may pay any arrears in rent resulting from this
order in 36 equal monthly installments.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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