BJ610361RO

                                  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.: BJ610361RO
                                                  
          GLENBRIAR CO.                           RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: AI610001RP
                                  PETITIONER           BS003618S
          ----------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                  IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER

               The above named petitioner-owner timely refiled a Petition for 
          Administrative Review against an order of the Rent Administrator 
          issued July 3, 1987 concerning the housing accommodations known as 
          Apt. A-512 located at 4555 Henry Hudson Parkway, Bronx, N.Y. 
          wherein the Administrator revoked three prior orders and affirmed  
          a prior rent reduction order issued on January 26, 1984.

               The Commissioner has reviewed the record and carefully 
          considered that portion relevant to the issues raised by this 
          appeal.

               The tenants originally commenced a proceeding before the 
          former New York City Conciliation and Appeals Board wherein they 
          stated that they owner was not maintaining certain required 
          services including defective window sashes, broken glass panes on 
          terrace, inadequate hot water, rusted terrace railing and cracked 
          toilet bowl.  The proceeding was assigned Docket No. 73361-P.  The 
          Board issued Opinion No. 28,166 as amended on January 26, 1984 and 
          ordering a rent reduction based on the owner's failure to maintain 
          the services described above.

               The tenants filed a complaint before this agency on October 
          12, 1985, wherein they alleged that the owner was not maintaining 
          certain required services including a stove that did not level 
          properly and a peeling terrace roof. The proceeding was assigned 
          Docket No. BS003618S.  The Administrator issued an order on 
          November 24, 1985 wherein restoration of services was ordered and 
          the tenant was granted a rent reduction effective December 1, 1985.  
          On January 2, 1986 the Administrator issued a "Corrected Order" 
          wherein the complaint was denied.  













          BJ610361RO

               The tenants requested reconsideration of these contradictory 
          orders.  On February 10, 1987 the Administrator sent a notice to 
          the parties wherein the proceeding was reopened and the following 
          proposed action was stated:

                    1.   Modification of the order issued on November 26, 
                         1985 wherein a rent reduction was granted,

                    2.   Revocation of the order issued on January 2, 1986 
                         wherein the complaint was denied,

                    3.   Revocation of certain rent restoration orders 
                         issued April 24, 1986,

                    4.   Affirming the Conciliation and Appeals Board order 
                         described above. The Administrator noted that this 
                         rent reduction remained in effect until a new rent 
                         restoration order was issued.

          The parties were afforded an opportunity to respond to this notice. 

               The owner filed a response to the notice on March 12, 1987  
          wherein it protested the proposed revocation of the January 2, 1986 
          order and the rent restoration orders issued on April 24, 1986 on 
          the grounds that it had not been given full and fair notice and an 
          opportunity to be heard on the issue and that at least three 
          physical inspections of the subject apartment revealed that 
          services had been restored.  The owner also protested the proposed 
          affirmance of the Conciliation and Appeals Board order on the 
          grounds that it had filed rent restoration applications on June 10, 
          1985 and December, 1985 but that the applications remained 
          unprocessed.  The owner requested that the orders restoring the 
          rent be affirmed.

               The tenant filed a response on October 3, 1987 and stated that 
          the owner was on notice of all conditions cited on the November, 
          1985 order granting a rent reduction.  The tenants attached copies 
          of correspondence they had sent to the owner on September 4, 1985, 
          October 12, 1985 and February 1, 1986 notifying it that services 
          still had not been restored.
           
               The Administrator determined that a reinspection of the 
          subject apartment was necessary and ordered one to be conducted. 
          The inspection was conducted on April 23, 1987 and revealed the 
          following:

                    1.   Stove oven inoperative,

                    2.   Terrace has peeling paint and plaster and a clogged 
                         drain.
           
          All other services complained of were found to have been 






          BJ610361RO

          maintained.

               The Administrator issued the order here under review on July 
          2, 1987.  The above described  orders issued on November 24, 1985, 
          January 2, 1986 and April 24, 1986 were revoked.  The C.A.B. order 
          issued on January 26, 1984 was affirmed based on the April 23, 1987 
          report of the DHCR inspector.

               On appeal the owner states it was never notified of the 
          alleged deficiencies which the tenant complained of and that the 
          items cited in the Administrator's July 2, 1987 order were never 
          specifically mentioned in the complaint.  The petition was served 
          on the tenants.

               The tenants filed a response on December 14, 1987 and stated 
          that the owner was indeed on notice about the conditions involving 
          the oven and terrace.  The tenant attached copies of the letters 
          they had sent to the owner and submitted to the DHCR in response to 
          the Administrator's notice informing it that the proceeding was 
          being reopened.  The owner filed a reply on December 28, 1987 and 
          essentially restated the grounds it had set forth in the petition.
           
               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be granted 
          in part and the Administrator's order should be affirmed as 
          modified herein.

               The Commissioner's review of the record of the proceedings 
          before this agency and before the Conciliation and Appeals Board 
          leads to the conclusion that the Administrator's order must be 
          modified.  The tenants filed a complaint before the Conciliation 
          and Appeals Board.  The Board issued an order in January, 1984, 
          reducing the rent based on a finding of five different services 
          deficiencies.  The tenants filed a complaint before the DHCR on 
          October 12, 1985 (Docket No. BS003618S) wherein they alleged that 
          the kitchen stove was uneven and that the terrace had peeling paint 
          and a clogged drain.  The tenants were within their rights to 
          complain about these new conditions and to request a rent reduction 
          based thereon. The Administrator issued contradictory orders both 
          granting and denying a rent reduction.  A rent restoration order 
          was also issued in April, 1986.  Based on all of the foregoing, it 
          is clear that the Administrator was correct in reopening this 
          proceeding.
            
               The physical inspection ordered by the Administrator and 
          conducted on April 23, 1987 revealed that the conditions which 
          formed the basis for the rent reduction ordered by the C.A.B. had 
          been corrected.  The Administrator was correct in affirming the 
          C.A.B. opinion but should have ordered rent restoration effective 
          April 23, 1987 based on the above described inspector's report.

               With regard to the separate proceeding bearing Docket No. 












          BJ610361RO

          BS003618S it is clear from the inspector's report that the owner 
          failed to maintain the stove and terrace.  The owner states that 
          the tenant never complained that the subject stove was inoperative
          but merely stated that the stove did not level.  The Administrator 
          instructed the inspector to check the stove "for defective leveling 
          which makes the stove inoperative".  The inspector responded to 
          this instruction by reporting that the stove was inoperative.  The 
          Commissioner therefore finds that the Administrator's finding was 
          within the scope of the complaint and properly ordered a rent 
          reduction based, in part, on this condition.  The tenant clearly 
          complained about peeling paint on the terrace and inoperative 
          drain.

               Based on all of the foregoing, a rent reduction was warranted, 
          The rent is reduced to the level in effect prior the last rent 
          guideline increase which commenced before the effective date of 
          this order.  The rent reduction is effective May 1, 1987, and is 
          being granted for the conditions cited in the Administrator's July 
          2, 1987 order.  The automatic stay of the retroactive rent 
          abatement that resulted by the filing of this petition is vacated 
          upon issuance of this order and opinion.  The owner may file for 
          rent restoration when services have been fully restored.

               THEREFORE, pursuant to the Rent Stabilization Law and Code it 
          is 

               ORDERED, that this petition be, and the same hereby is, 
          granted in part, that the order of the Conciliation and Appeals 
          Board described above be, and the same hereby is, affirmed and it 
          is further

               ORDERED that rent be, and the same hereby is, restored 
          effective May 1, 1987 for the conditions cited in the order issued 
          by the Conciliation and Appeals Board in Docket No. 73361-P which 
          were found to have been corrected in the inspection on April 23, 
          1987 and it is further

               ORDERED, that a rent reduction be, and the same hereby is, 
          granted for the stove and terrace effective May 1, 1987.

          ISSUED:

                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                   
    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name