CE110245RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CE110245RO
WILLIAM HAUGH,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BK110064B
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
On May 18, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on April 13,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as 55-05 Woodside Avenue, Woodside, New York, wherein
the Administrator determined that the owner had failed to maintain
required services and ordered a 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
issue raised by the administrative appeal.
This proceeding was commenced by the filing by various tenants of
a complaint of decrease in services dated November 18, 1987. The
owner was served with a copy of the tenant's complaint and, in his
response, denied the tenants' allegations.
Thereafter on February 1, 1988, an inspection of the premises was
conducted by a Division staff inspector and confirmed the existence
of some of the complained of conditions, resulting in the order
herein appealed.
In the PAR, the owner claims that 3" above or below the floor is
proper levelling for a 30 year elevator, that the elevator doors
were repaired before the order was issued, that problems collecting
on an insurance claim prevented complete repair of the peeling
CE110245RO
paint and plaster in the stairwell, that the Administrative Code
only requires 60 watt bulbs in the stairwells and that work on the
fire escapes which was contracted for in September 1987, could not
be completed until the Spring of 1988, due to outside temperatures
but, at the same time had no effect on the use of the fire escape.
Various tenants responded to the owner's PAR requesting that it be
denied stating that the elevator levelling problem spans 2" - 8",
that the placement of the stairwell light bulbs leaves the stairs
in shadow, that it is no defense to blame the insurance company for
failure to make repairs, and that, as to the fire escapes, the
temperatures in September are the same as in April.
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 has failed to maintain required
services. The Owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined,
based on a physical inspection, that the owner was not maintaining
required services, and that a rent reduction was warranted. As for
the owner's assertion that the elevator doors were repaired after
the date of inspection and before the Administrator's order was
issued, the evidence of record does not indicate, and the owner
does not allege, that the Division was notified that the repair had
been made.
However, with regard to the issue of elevator levelling, the
Commissioner acknowledges that enforcement of applicable standards
regarding elevator operation and safety is under the jurisdiction
of the New York City Department of Buildings, which has long
established, comprehensive procedures and inspection programs in
place. The staff engaged in carrying out these programs has the
necessary technical expertise to conduct periodic inspections; to
interpret and apply relevant codes, regulations and industry
standards and to issue violations. Further, 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.
CE110245RO
The Commissioner notes that a search of the Department of Building
records has revealed that no violation regarding elevator operation
were issued while the complaint was pending before the Rent Admin-
istrator. Therefore, the Commissioner finds that sufficient
evidence does not exist to support the Administrator's finding
regarding the elevator. This finding must, therefore, be revoked.
The owner may file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, and the Emergency Tenant Protection Act of 1974,
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 modified in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|