DHCR Decisions
CB230285RO
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.: CB230285RO
7040 COLONIAL ROAD ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: BD230098B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On February 25, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on January 21, 1988. The order concerned the
housing accommodations located at 7040 Colonial Road, Brooklyn,
N.Y., various apartments. The Administrator directed restoration
of services and ordered a rent reduction for failure to maintain
required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on March 31, 1987 when 22
tenants in this 59 unit building joined in filing a Statement of
Complaint of Decrease in Building-Wide Services wherein they
alleged, in sum, that the owner was not maintaining certain
required building-wide services. The Commissioner notes that the
tenants filed another building-wide services complaint which was
assigned Docket No. BD230023B and consolidated with this
proceeding.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on July 2,
1987 and stated, in sum, that required services are being
maintained or that the necessary repairs had been made.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on August 14, 1987 and
revealed the following:
1. Defective left elevator;
2. Ground floor public hallway in need of cleaning;
CB230285RO
3. Accumulation of debris in rear courtyard; and
4. Defective front sidewalk.
The Administrator issued the order being appealed on
January 21, 1988. Rent controlled tenants were granted a rent
reduction of $6.00 per month plus a specified percentage of the
maximum legal rent. Rent stabilized tenants who joined in filing
the complaint were granted a rent reduction of an amount equal to
the percentage of the most recent guidelines adjustment for leases
commencing prior to June 1, 1987.
On appeal the owner states, in relevant part, that the rent
controlled tenants did not join in filing the complaint and should
not receive the benefit of the rent reduction, that the elevator in
question was being maintained, and that the general renovation the
building was undergoing temporarily caused the public hallways to
be in need of cleaning and debris to accumulate. The petition was
served on the tenants on October 6, 1988.
Various tenants filed responses and stated, in sum, that the
Administrator's order was correctly issued and should be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the order here under review should be affirmed as
modified herein.
With regard to rent stabilized tenants, the Commissioner notes
that tenants may apply to the DHCR for rent reduction based on the
owner's failure to maintain required services. The Rent
Stabilization Code defines required services to be those services
the owner was required to maintain on the applicable base date
including repairs and maintenance.
The Commissioner finds that, with regard to the findings
regarding janitorial service and the sidewalk, the Administrator
based this determination on the entire record including the results
of the above described physical inspection. With regard to the
owner's assertions that it was renovating the building at the time
of the inspection, the Commissioner notes that building renovation
does not absolve the owner of the necessity to maintain services.
With regard to the elevator issue, the Commissioner notes that
while the DHCR has the requisite authority to investigate and to
render a determination bearing on a tenant's complaint of elevator
defects, the DHCR recognizes that the New York City Department of
Buildings (DOB) has long-established, comprehensive procedures and
inspection programs in place. Their staff is engaged carrying out
these programs, and has the necessary technical expertise to
conduct periodic inspections; to interpret and apply relevant
codes, regulations and industry standards; and to issue violations.
CB230285RO
Normally, in view of the City's greater experience with elevator
enforcement, the City is in a better position than the DHCR to
determine appropriate performance standards and ancillary equipment
for elevators of varying age and manufacture. However, in this
instance, the DOB records reveal that no elevator inspections took
place for the subject building from the date the tenant filed the
complaint on March 31, 1987 through the issue date of the rent
reduction order, January 22, 1988. Consequently, reliance on the
DHCR inspection is warranted, and is sufficient to support a
determination of decreased elevator services warranting a rent
reduction.
Pursuant to the Rent and Eviction Regulations for New York
City, if at least one rent controlled tenant joins in a building-
wide complaint, all rent controlled building tenants are entitled
to any rent reduction granted by the Administrator. The owner
argues, however, that a rent reduction was granted for rent
controlled tenants, none of whom joined in filing the complaint. A
review of the record confirms the owner's contention that no rent
controlled tenant signed the original complaint. The order being
appealed is therefore revoked for rent controlled tenants.
In summation, the order being appealed is affirmed with regard
to rent stabilized tenants and the automatic stay of the
retroactive rent abatement which resulted from the filing of this
petition is vacated upon issuance of this order and opinion. The
order being appealed is revoked with regard to rent controlled
tenants. The owner may file for rent restoration when services
have been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations, it is
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, affirmed as modified herein. Rent controlled
tenants who owe arrears based on the Commissioner's decision herein
may pay off the arrears in installments not to exceed the
difference per month between the rent established by the order and
the prior rent.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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