CF410254RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CF410254RO
Albert Cirignano, Sr.,
RENT ADMINISTRATOR'S
DOCKET NO.:
BG410891S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR
ADMINISTRATIVE REVIEW, IN PART
The above-named owner filed a timely petition for administrative
review of an order issued on June 3, 1988, concerning the housing
accommodations known as 234 East 30th Street, Apartment 3,
New York, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, an inspection of the subject apartment was conducted by
a DHCR inspector who reported that windows were defective, and that
the entrance door intercom was defective, in that the return buzzer
mechanism to release or open the front door lock could not be
activated from the apartment. The inspector also reported that the
apartment was not painted completely.
CF410254RO
The Rent Administrator directed restoration of the services,
including repairs to a defective intercom and further, ordered, a
reduction of the stabilization rent.
In the petition for administrative review, the owner states that
the windows would be repaired or replaced, that the door buzzer
works and that the tenant agreed to take payment from the owner to
paint the apartment. In regard to the Rent Administrator's finding
of a defective intercom, the owner notes that intercom service was
never provided.
In an affirmation of non-compliance dated July 29, 1988, the tenant
elaborated on statements made in the complaint pertaining, in
pertinent part, to the bell/buzzer system. The tenant stated that
there was no intercom system and explained that both the front
entrance door and vestibule door were locked as a security measure.
The tenant continued that, as a result, the tenants went to the
vestibule to unlock the front entrance door to allow visitors in
and to escort them out. The tenant also indicated that there had
been some discussion with the owners to install equipment outside
the front entrance door, but, that there had been no action to
date.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted, in part.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction upon application by a tenant,
where it is found that an owner failed to maintain required
services.
The Rent Administrator properly granted the tenant a rent reduction
based on the results of a physical inspection that found that the
windows were defective, that the front door buzzer was not working
and that painting was not completed. In regard to the painting,
Section 2520.13 of the Code precludes transfer of the owner's
obligation to provide tri-annual painting services to the tenant.
Regarding the building door intercommunication services provided,
registration records list a bell/buzzer system for the building.
The record of the proceedings below does not establish that an
intercom was a service the owner provided. The inspector's report
confirmed only that the downstairs buzzer could not be activated
from the apartment.
The Rent Administrator's order is amended to reflect that the
building door buzzer, rather than an intercom, was defective. The
parties are referred to Section 25-151 of the Rules of the City of
New York (RCNY) for guidance regarding acceptable building entrance
doors, locks, and intercommunication systems.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
CF410254RO
ORDERED, that this petition be, and the same hereby is, granted, in
part and that the Rent Administrator's order be, and the same
hereby is, amended to revoke a finding of an inoperative intercom
system and to reflect an inoperative building door buzzer. In all
other respects, the Rent Administrator's order is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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