CG430057RT
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.: CG430057RT
DAVE AMES RENT
ADMINISTRATOR'S DOCKET
NO.: BK410051B
PETITIONER
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On July 11, 1988 the above named petitioner-tenant filed a Petition
for Administrative Review against an order of the Rent
Administrator issued June 3, 1988 concerning the housing
accommodations known as Apt. 7D, 145 West 55th Street, New York,
NY, wherein the Administrator directed the owner to restore certain
services but did not order a rent reduction.
The Commissioner has carefully reviewed all the evidence of record
and has carefully considered that portion relevant to the issues
raised on appeal.
A review of the record reveals that in November 24, 1987, seventy-
three tenants in this 92 unit building joined in filing a complaint
seeking a rent reduction based on the owner's alleged failure to
maintain certain building-wide services. The tenants stated, in
relevant part, that there are exposed wires throughout the
building, that the freight elevator was removed by the landlord and
one of the remaining two passenger elevators was converted to a
freight elevator, that the exit stairs from the basement to the
lobby are defective, that the roof is leaking causing extensive
leaks in the apartments and hallways below, and that no garbage
receptacles are available.
In answer to the complaint, the owner stated that there are no
exposed wires in the building, that the building never had two
CG430057RT
passenger elevators, that the basement stairs are under repair,
that there are no roof leaks at this time, and that the garbage is
collected twice a day at the hours posted on every floor.
A physical inspection by DHCR on March 10, 1988 revealed that there
were exposed cable TV and bell wires on each floor, there were
several broken stairs from the basement to the lobby, there were
pools of water on the roof and peeling paint and plaster on the
public hallway on the 15th floor due to water damage, and that
plastic bags are used for garbage. All other conditions complained
of were found to have been repaired. With regard to the elevator,
the inspector reported that elevator service was not defective and
that there was no evidence that floor indicators were ever provided
in the freight elevator.
Based on this report, the Rent Administrator issued the order
appealed herein directing the owner to restore services but finding
that a rent reduction was not warranted.
In the petition for administrative review, the tenant asserts that
a rent reduction is warranted because the inspector failed to
notify the tenants of the scheduled inspection and many tenants
were not at home, that the entire intercom system is faulty and
this was confirmed in the MCI proceeding commenced by the owner,
that there were originally three elevators in the building and the
conversion of one elevator shaft for use as a ventilation shaft for
a commercial tenant constitutes a reduction in services, that a
rent reduction was awarded for fourteen tenants in another
proceeding based on a finding of inadequate hot water, and that the
owner's application for a rent increase for windows was denied
based on a finding that the installation was defective and
substandard. The tenant also contends that the owner did not
correct the conditions he was ordered to repair in the
Administrator's order.
In answer to the petition, the owner submits copies of invoices and
cancelled checks for repairs to the basement stairs, installation
and repairs to the intercom, plaster work, and the purchase of
garbage bags. The owner also states that there is one passenger
elevator, and that there is a garbage receptacle on each floor and
the garbage is collected every morning between 7 a.m. and 10 a.m.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the petition should be granted
in part and the proceeding remanded to the Rent Administrator.
Section 2523.4 of the Rent Stabilization Code requires the Division
to order a rent reduction, upon application by a tenant, where it
is found that the owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) as that space
and those services which the owner was providing or was required to
provide on the applicable base date.
CG430057RT
In determining whether required services are being provided, the
Rent Administrator properly relied on the results of a physical
inspection which revealed that, other than the conditions which the
owner was directed to correct, required services were being
maintained. The intercom was found to be working properly, the
tenants did not complain about inadequate heat and hot water, and
the complaints about the windows referred to windows in individual
apartments rather than public area windows and must be raised in
individual complaints. For building-wide conditions in public
areas, the Division does not notify tenants of scheduled inspection
dates.
The inspector did find several defective conditions including
exposed wires, broken basement steps, peeling paint and plaster in
a public hallway, and an absence of garbage cans for which a rent
reduction should have been granted.
With regard to elevator service, the investigation of this matter,
which cannot be determined solely based on a physical inspection,
was inadequate. The complaint concerned the removal of one of
three elevators and the conversion of one of the remaining
passenger elevators to a freight elevator with the removal of the
floor indicator panel from that car. The physical inspection which
confirmed that there were no indicators in one elevator but
otherwise found that elevator service was not defective does not
adequately resolve the issue of whether there has been a decrease
in elevator service.
On remand, the Administrator should order a rent reduction for the
petitioner-tenant based on the results of the March 10, 1988
inspection. The rent should be reduced to the level in effect
before the most recent guidelines adjustment which commenced before
the effective date of this rent reduction. The effective date
should be January 1, 1988 which is the first of the month following
service of the complaint on the owner. However, because of the
owner's inability to file a rent restoration application prior to
the issuance of this Commissioner's order, the Administrator should
also investigate on remand if and when services were restored and
order restoration of the rent as of that date.
With regard to the elevator, the Administrator should investigate,
by means of a hearing if necessary, if there were formerly three
elevators on the base date which have now been reduced to two. If
the allegations regarding elevator service are confirmed, this
should be added as a basis for the aforementioned rent reduction
order and the owner should be afforded an opportunity to establish
if and when elevator service was restored so that rent restoration
can be also be ordered.
Therefore, in accordance with the Rent Stabilization Law and Code,
it is
CG430057RT
p
ORDERED that this petition be and the same hereby is granted in
part, and the proceeding be and the same hereby is remanded to the
Rent Administrator for further processing in accordance with this
order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|