CI620104RT, et al.
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
APPEALS OF DOCKET NOS.: CI620104RT;
FRANCES FITZPATRICK, Tenants Rep. CI620151RT; CI620159RT;
ANN MARTIN, LILLIAN ACCURSO, CJ610069RT; CJ610071RT;
HELEN ENGELFRIED, HELEN O'BRIEN,
STEPHEN GIGANTE, MICHAEL SCHWARTZ/
BETH GREENBERG, RENT ADMINISTRATOR'S
ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW,
On various dates, the above-named petitioner-tenants filed timely
petitions for administrative review (PARs) of an order issued on
September 15, 1988, by the Rent Administrator, concerning the
housing accommodations known as 3600 Fieldston Road, Bronx, New
York, various apartments, wherein the Administrator granted the
owner's rent restoration application in part for rent controlled
tenants and in full for rent stabilized tenants.
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 administrative appeal.
These proceedings are being consolidated for disposition herein
because they involve common questions of law and fact.
A review of the record reveals that the owner filed an application
to restore rents that had been reduced in Docket No. AG630112B.
The rent reduction order had directed the owner to correct the
1. Lobby and public halls need scraping and
2. Exterior window frames and sills need scraping
CI620104RT, et al.
3. Incinerator rooms on all floors have
accumulation of trash and garbage.
4. Outside courts need sweeping.
5. Sidewalks need additional repairs, some cracks
6. Entrance doors need painting.
The owner stated in the restoration application that all services
The application was sent to the tenants on April 13, 1988. Several
tenants filed answers, stating, in substance that not all services
had been completely restored.
A Division of Housing and Community Renewal (DHCR) inspector
visited the premises on July 11, 1988, and reported that the lobby
and public halls were plastered but not painted, the exterior
hallway casement windows needed scraping and painting, there was no
evidence of trash accumulation in the incinerator rooms, the
outside courts were swept, the sidewalks had been repaired, and the
entrance doors had been painted.
The Rent Administrator's orders restored the rent in part for rent
controlled tenants, advising the owner to refile for the remaining
$4.00 when the windows are scraped and painted and the lobby and
hallways are painted. The rent was restored in full for rent
stabilized tenants with a directive to the owner to complete the
In the petitions for administrative review, the rent controlled
tenants assert that the conditions found to have been corrected by
the inspector were actually not corrected. The rent stabilized
tenants make the same argument but also allege in substance that it
is unfair for the stabilized tenants to have a retroactive rent
restoration when the order directs the owner to complete repairs.
The owner was served with all the petitions and afforded an oppor-
tunity to respond.
After careful consideration of the evidence of record, the Commis-
sioner is of the opinion that the petitions should be denied as to
the rent controlled tenants and granted as to the rent stabilized
CI620104RT, et al.
Section 2202.16 of the Rent and Eviction Regulations for New York
City authorizes a rent reduction based on a decrease in services in
an amount which the Administrator finds to be the reduction in
rental value of the housing accommodations because of the decrease
in services. Pursuant to this section, a dollar amount is
designated for each service decrease and the rent is reduced by the
cumulative total of the individual amounts. Partial restoration of
the rent is warranted where it is established that some but not all
of the services have been restored.
In the instant case, the physical inspection on July 11,1988,
revealed that some conditions cited in the rent reduction order had
been restored but others had not and a partial rent restoration
reflecting the dollar amounts attributable to the restored services
was properly ordered by the Rent Administrator.
For rent stabilized tenants, however, Section 2523.4 of the Rent
Stabilization Code mandates the same rent reduction (to the level
in effect prior to the most recent guidelines adjustment) where
there is a failure to maintain required services, regardless of the
severity of the services involved. Consequently, no rent restora-
tion is warranted for rent stabilized tenants until all necessary
repairs are completed.
Accordingly, it was error for the Rent Administrator to restore the
rent for stabilized tenants when the Division's inspector found
that extensive repairs, including scraping and painting public area
windows and painting the lobby and hallways, had not been com-
pleted. The rent restoration for rent stabilized tenants is,
The Division's records reveal that the owner filed two subsequent
FB630152OR was granted in part, restoring $2.00 for rent
controlled tenants and
GL630004OR was denied.
The owner is advised to refile when all services have been
restored, and should include the rent stabilized tenants, in the
The status of some of the tenants is unknown. The tenants are
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advised to follow the order applicable to them, based on whether
their apartment is rent controlled or rent stabilized. If this is
in dispute between the parties, the owner or tenant should commence
a proceeding with the Division for resolution of the issue.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations for New York City, it is
ORDERED, that these petitions be, and the same hereby are, granted
in part, and the Rent Administrator's order be, and the same hereby
is, revoked for rent stabilized tenants and is affirmed for rent
JOSEPH A. D'AGOSTA