ADM. REVIEW DOCKET NO. BH 120233 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. BH 120233 RO
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO. AL 120359 S
DITMAS MANAGEMENT CORP.
PETITIONER : Tenant: Al Lishnoff
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 14, 1987, the above-named petitioner filed a
Petition for Administrative Review against an order issued on July
13, 1987 by the Rent Administrator at Gertz Plaza, Jamaica,
concerning the housing accommodations known as Apartment No. 5E at
109-05 72nd Avenue, Forest Hills, New York.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
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.
On December 10, 1986, the tenant, a rent controlled tenant,
filed a complaint of a decrease in services, alleging, in
substance, the following: in July, 1965, the owner installed six
storm windows and received a rent increase of $.50 per window,
$3.00 per month; and subsequent increases have now brought the
portion of the rent paid for said windows to $9.00 per month. On
September 25, 1986, the owner removed said storm windows.
In its answer, the owner stated that the storm windows had
been removed in connection with a building-wide installation of
new, thermal aluminum windows.
A DHCR staff inspection confirmed that the six storm windows
had been removed.
In the order below, the Administrator granted the tenant a
rent reduction of $12.00 per month based on the removal of said
windows.
In its Petition the owner asserts that the replacement of the
pre-existing windows and storm windows with thermal replacement
ADM. REVIEW DOCKET NO. BH 120233 RO
windows did not constitute a decrease in services and that even if
that were deemed to be the case, the reduction granted was
excessive. The original rent increase was only $3.00 per month.
Although afforded the opportunity, the tenant has not
interposed an answer to the owner's Petition.
The Commissioner is of the opinion that the Petition should
be granted.
The Commissioner notes that by an order issued on November
23, 1988, under Docket # BE 130088-OM, the Administrator granted
the owner herein a rent increase based on the installation of a
Major Capital Improvement, that is the installation of aluminum,
thermal replacement windows.
The Commissioner therefore finds that the undisputed facts
show that the storm windows were removed as part of a Major
Capital Improvement that resulted in the substitution of t e pre-
existing storm and casement window system with equivalent service
in the form of thermal replacement windows.
The Commissioner therefore finds that the Administrator erred
in granting the rent reduction set forth in the order below and
that said order should be revoked hereby and the tenant's rent
restored in the amount of $12.00 per month effective as of the
effective date of the appealed order, that is, the first rent
payment day following July 13, 1987.
If the owner has already complied with the Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant may pay off the arrears in
twelve (12) equal monthly installments. Should the tenant vacate
after the issuance of this order, said arrears shall be payable
immediately.
THEREFORE, pursuant to the City Rent Law and the Rent and
Eviction Regulations, it is
ORDERED, that this Petition be, and the same hereby is
granted; and that the Administrator's order be, and the same
hereby is revoked in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO. BH 120233 RO
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