BD 510485 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. BD 510485 RO
WEST 135TH STREET CORPORATION,
DISTRICT RENT ORDER
DOCKET NO. AG 530110 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND
MODIFYING ADMINISTRATOR'S ORDERS
On April 27, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against orders issued on March
23, 1987 by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York concerning housing accommodations known as 609
West 135th Street, New York, New York, Various Apartments,
wherein the Administrator granted rent reductions for both
controlled and stabilized apartments in the subject premises
based upon a decrease in services.
Various tenants commenced the proceeding below in July 1986 by
filing a complaint of reduction in services enumerating
defective conditions therein. In response thereto the owner
stated that it was in the process of rehabilitating the subject
property (along with four other buildings); and that numerous
violations have been corrected as reflected in the owner's print
out of violations and progress report.
The order of the Administrator, appealed herein, reduced the
rents of controlled apartments (2, 7, 8, 9 and 12) by $33.00 per
month and the rents of stabilized apartments (3, 4, 5, 11, 12A,
14, 15 and 17) were reduced to the guideline level in effect
prior to the September 1, 1986 effective date of said orders for
ten defective conditions as follows:
1) Defective mailboxes
2) Defective intercom
3) Building front entrance doors
4) Defective entrance steps
5) Defective stairwell casing
BD 510485 RO
6) Defective public hallway windows: 3rd, 4th
and 5th floors
7) Defective public hallway lighting on 3rd and
5th floors
8) Public hallway walls and ceilings have
peeling paint and plaster
9) Inadequate water pressure
10) Defective cornices
These orders were based upon the results of a physical inspection
of the subject premises conducted by the Division on October 3,
1986, the report of which disclosed that the mailboxes were
broken; that the intercom system was inoperative; that the
building entrance door was unsecured with the lock missing; that
the front entrance steps were chipped and broken; that the
stairwell casing had broken steps and loose molding; that hallway
windows on the 3rd, 4th and 5th floors were cracked, loose and
broken; that the hall lighting fixtures on the 3rd and 5th floors
were inoperative; that the public hallways throughout floors 1-6
had peeling paint and plaster; that both hot and cold water
pressure was "very low" with the faucets fully open; and that the
building cornices were rusted from age.
In this petition for administrative review the owner contends, in
substance, that the Administrator's orders were in error since
the Division of Housing and Community Renewal (DHCR) has refused
to impose a rent reduction where "de minimus" repairs are
involved; that said order is vague with respect to the front
entrance doors; that in July and August 1986 it substantially
corrected or replaced with new equipment the various conditions
complained of by the tenants; that various apartments (3, 4, 11,
12A, 15, and 17) had received previous rent reductions and thus a
further rent reduction was not warranted; and that the penalty
imposed by the Administrator was excessive and unduly punitive.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be
denied.
The defective conditions specified in the Administrator's order
were objectively documented as the result of a physical
inspection of the subject premises. To the extent the owner
asserts various conditions were corrected in July - August 1986,
the report of a subsequent physical inspection by DHCR bears
greater weight than the owner's assertions to the contrary. The
owner's allegation that certain conditions would be corrected in
the future, while pertinent to a rent restoration proceeding, are
irrelevant on this appeal.
The Commissioner is of the opinion that the rent decrease ordered
by the Administrator is properly reflective of the rental value
of the decreased services. The defective conditions, as found
by the Administrator, are not de minimus, particularly as they
involve, among other things, building security, potential trip
BD 510485 RO
hazards, a lack of adequate water pressure and mailboxes.
As stated in the Administrator's orders appealed herein, where a
previous order reducing the rent of a stabilized apartment is in
effect, no further rent reduction is authorized therein.
However, the owner may not demand or collect any rent increase
until the Administrator issues an order restoring the rent upon
a finding that all services have been restored.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Code, and the Rent and Eviction Regulations for New
York City, it is
ORDERED, that this petition be, and the same hereby is, denied;
that the orders of the Rent Administrator be, and the same
hereby are modified to reflect defective building entrance doors
missing door lock; and that as so modified said orders be, and
the same hereby are affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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