BK410329RO
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.: BK410329RO
227 E. 57TH STREET ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: AH430019B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On November 23, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued October 23, 1987. The order concerned various
housing accommodations located at 227 East 57th Street, New York,
N.Y. The Administrator ordered a rent reduction for all rent
controlled tenants in the building based on a finding of failure to
maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant of Apartment 17D commenced this proceeding on
August 4, 1986 by filing a Statement of Complaint of Decrease in
Building-Wide Services wherein she alleged the following services
deficiencies:
1. Basement windows not properly secured,
2. Windows in need of painting and scraping,
3. Windows not secure.
The tenant also made a complaint regarding her front door. The
tenant attached lists of violations of the NYC Housing Code which
were generated by the Office of Housing Preservation and
Development of the New York City Office of Rent Control. The
violations highlighted by the tenant concerned services defects in
Apt. 17D and not the rest of the building.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner did not file a response to the
BK410329RO
complaint.
The Administrator ordered a physical inspection of the subject
building. An inspection of the complaining tenant's apartment was
conducted on October 10, 1986. The inspector reported that the
"casement" windows do not close properly and that the exterior
windows required painting. The inspector also reported that the
apartment door did not fit properly on its frame.
The Administrator issued the order here under review on
October 23, 1987. A rent reduction of $7.00 per month was ordered
for the complaining tenant. All other rent controlled tenants were
granted a rent reduction of $4.00 per month.
On appeal the owner states that it never received notice of
the complaint, that nine tenants who were granted a rent reduction
have either died or moved away from the building, that other
tenants have reported that they never made complaints about the
conditions set forth in the complaint nor were they aware of the
fact that the order here under review had been issued, that the
building is subject to cooperative ownership and that the owner is
not responsible for maintenance and that the windows cited in the
Administrator's order were not defective. Copies of the petition
were served on the tenants on November 20, 1987.
Various tenants filed responses to the petition and stated
that they were never parties to the original complaint, that they
do not agree with the allegations contained therein and that their
names were fraudulently used by a third party without their
knowledge or consent.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
The Commissioner initially finds that a reading of the
tenant's complaint and the annexed list of violations described
above reveals that the tenant was complaining of conditions which
were present in her apartment alone. Therefore, the rent reduction
of $4.00 per month granted to any tenant other than the occupant of
Apt. 17D is revoked.
With regard to the complaining tenant the Commissioner notes
that a search of DHCR records reveals that the tenant received the
following rent reductions in orders previously issued by the
Administrator:
1. Docket No. 4T3287 issued March 6, 1985 granted the
tenant a rent reduction based, in part, on a
finding of six defective apartment windows,
2. Docket No. AG420597S issued April 30, 1987 granted
the tenant a $5.00 per month rent reduction based
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on a finding of a defective front door,
3. Docket No AH420373S issued June 17, 1987 granted
the tenant a rent reduction based, in part, on leak
damage over the living room window. The
Commissioner notes that this rent reduction was
affirmed in an order and opinion issued by the
Commissioner on November 23, 1990 (Docket No.
BG410259RO).
Based on all of the foregoing, the Commissioner is of the
opinion that the tenant has already received rent reductions for
the conditions cited in the complaint.
Pursuant to Section 2202.16 of the Rent and Eviction
Regulations a rent reduction may be ordered equal to the reduction
in rental value because of a decrease in dwelling space, essential
services, furniture, furnishings or equipment. The rent may not be
decreased more than once for the same conditions unless there is a
substantial further deterioration so as to constitute a new
condition. Here the tenant has been awarded a rent reduction for
the door and windows and these reductions were still in effect when
the order appealed herein was issued.
The Commissioner also notes that the report of the DHCR
inspector is defective in that the inspection request referred to
basement windows, yet the inspector reported on the condition of
the "casement" windows in the subject apartment. Accordingly, the
order here under review which granted a $7.00 per month rent
reduction to the tenant of Apt. 17D must be revoked.
If the current owner has complied with the Administrator's
order and arrears are due and owing by reason of the Commissioner's
determination herein, pursuant to Section 2202.24 of the Rent and
Eviction Regulations, any tenant other than the occupant of Apt.
17D may pay off said arrears in installments of $4.00 per month.
The tenant of Apt. 17D may pay off said arrears in installments of
$7.00 per month. Should any tenant vacate their apartment or have
previously vacated, any arrears are due and payable immediately.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked.
BK410329RO
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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