STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC430148RO
DOCKET NO.: BF410068B
EDR Twelve of New York, Inc./
John J. Grogan & Associates/ PREMISES: 176 West 87th St.
Time Equities, Inc., New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of order issued on December 31, 1987
concerning the housing accommodations relating to the above-
described docket number.
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 petition.
This proceeding was commenced by various tenants filing a
complaint on June 9, 1987, asserting that the owner had failed to
maintain numerous services in the subject building, namely, that
the roof is desperately in need of repair or replacement; that the
outside walls must be waterproofed or pointed; that all windows
throughout the building have to be replaced; that the water tower
has to be replaced or repaired; that the canopy is ripped and must
be replaced; that the elevator services are not maintained; and
that the water pressure for hot/cold water services is inadequate.
On August 31, 1987, the Division sent a copy of the tenants'
complaint to the owner.
In an answer filed on October 7, 1987, the owner asserted that
many repairs had been performed and that work would be completed on
all the complained of conditions.
On October 30, 1987, an on-site inspection of the subject
building was conducted by a Division staff member who reported that
the facade of the building requires water proofing or pointing;
that the public area windows need painting and caulking inside and
outside; and that the canopy has to be replaced. The inspector
further found that a new roof has been installed, that the elevator
is in working order, and that repairs on the water tower are in
The Administrator directed the restoration of services and
ordered a reduction of the maximum legal rent by $2.50 per month,
i.e.: $1.00 for the building facade, $1.00 for the public area
windows, and $0.50 for the canopy. The owner was also directed to
complete the repair of the water tower.
In the petition for administrative review, the owner contends
that the tenants never complained about the facade of the building
and that the canopy is not a required service.
On March 18, 1988, the Division mailed a copy of the owner's
petition to the tenants.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's contention that the tenants never complained about
the building facade is without merit. The owner was put on
sufficient notice of this condition by the tenants' complaint that
the outside walls must be waterproofed or pointed. The October 30,
1987 inspection confirmed that this complained of condition had not
Although the owner may not have registered the canopy as a
building service, all the parties agree that the canopy has been
provided by the owner to the tenants. Nor is the owner's failure
to register same dispositive of the issue. The owner has not
established that the canopy is not a base service which inspection
confirmed to be ripped and defective. The owner's duty is thus to
repair or replace the canopy.
The Commissioner thus finds that the Administrator properly
relied on the evidence in record, including the results of the
physical inspection which found defective conditions, warranting a
The owner's rent restoration application (DB430099OR) was
granted in part effective August 1, 1989.
THEREFORE, in accordance with the Rent and Eviction
Regulations, it is,
ORDERED, that this petition be, and the same hereby is, denied
and that the Administrator's order be, and the same hereby is,
Joseph A. D'Agosta