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.: CI630127RT
SOPHIE KESSLER, TENANT REP. RENT
SOL SISKIND ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant representative and
petitioner-tenant filed Petitions for Administrative Review against
orders of the Rent Administrator issued on September 8, 1988. The
orders concerned various housing accommodations located at 2215
Cruger Ave., 2235 Cruger Ave., 2255 Cruger Ave., and 2275 Cruger
Ave., Bronx, N.Y. The Administrator granted the owner's rent
The Commissioner deems it appropriate to consolidate these
appeals for determination as they involve common issues of law and
fact and were filed against the same underlying owner.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by these
The owner commenced this proceeding by filing rent restoration
applications and alleged, in sum, that it had restored all services
for which the rents were ordered reduced in Docket Nos. 73941B,
77694B and 80170B. The following conditions/services were cited in
the rent reduction orders:
2215 Cruger Avenue--elevator does not level properly with basement
landing; roof and fifth floor compactor lights in need of repair;
elevator and laundry room lights in need of repair; and peeling
paint and plaster in Apts. 4B, 6A, 6B and third, fourth and fifth
2235 Cruger Avenue--peeling paint and plaster in Apts. 1A, 5G and
6C; various mailboxes bent; elevator indicators inoperative at
basement and second floor levels; elevator door knob missing; and
water in the basement.
2255 Cruger Avenue--Peeling paint and plaster in Apts. 1B, 6A and
6B; and second, fourth and sixth floor hallways, peeling paint and
2275 Cruger Avenue--rear and middle courtyard, side entrance,
incinerator rooms and basement rooms in need of cleaning, basement
door in need of repair, holes in laundry room, vermin, and peeling
paint and plaster in Apts. 1G, 5A, 6A, 6B and 6C.
The tenants were served with copies of the application and
afforded an opportunity to respond. Various tenants filed responses
on April 14, 1988 and stated, in sum, that the owner had not
restored services and that the applications should be denied.
The Administrator ordered physical inspections of the subject
building. The inspections were conducted on June 13, 14 and 16,
1988 and revealed that substantially all services of a building-
wide nature and many of the individual apartment conditions had
The Administrator issued the orders being appealed on
September 8, 1988 and granted the applications. The rents were
ordered restored effective April 1, 1988 and the owner was directed
to repair the peeling paint and plaster conditions in apartments 1A
and 5G at 2215 Cruger Avenue, Apts 1G, 5A, 6A, 6B and 6C at 2275
Cruger Avenue and the fourth floor hallway ceiling at 2255 Cruger
An authorized tenant representative and one individual tenant
filed appeals from the orders being appealed.
The tenant representative states that the following services
were not restored by the owner: hallways not painted, primed and
plastered; backyard fence not secured; asbestos not removed from
basement, laundry rooms and garage, courtyards not repaired;
landscaping not done and hallway floors not stripped and buffed.
The petition was served on the owner on November 7, 1988. The
owner filed a response on November 21, 1988 and stated that the
conditions cited in the tenant representative's petition were not
set forth in the rent reduction orders and that the owner was not
required to restore any of those services.
The individual tenant's petition states, in relevant part,
that the Administrator erred in issuing the orders being appealed
because the owner did not restore the required services,
specifically the building shrubbery. The petition was served on
the owner on December 7, 1988. The owner filed a response on
December 27, 1988 and stated that the rent reduction order never
required it to restore shrubbery.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petitions should be denied.
Both petitioners have set forth conditions they claim the
owner was required to restore. The Commissioner's review of the
record reveals, with the exception of painting and plastering
certain of the public hallways, that the owner was not required to
restore the services cited by the petitioners in their appeals.
The owner is correct in stating that the Administrator correctly
issued the orders here under review based on the above described
reports of the DHCR inspectors. Such inspections revealed that the
owner had painted and plastered the public hallways where
necessary. Only one small area on the fourth floor hallway ceiling
at 2255 Cruger Avenue was found to still require repair and the
owner was directed to make the necessary repairs. The Commissioner
is of the opinion and finds that the Administrator did not exceed
the scope of his discretion and authority in finding that the owner
had restored services under the particular facts and circumstances
of the instant proceeding.
This order and opinion is issued without prejudice to the
rights of the tenants to file service reduction complaints with the
Division, if the facts so warrant, wherein they may cite the
conditions specified in their appeals or any other conditions then
currently in need of repair. The tenants also have the right to
file non-compliance complaints with the Division if the owner does
not comply with the directives set forth in the Administrator's
orders appealed herein.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
ORDERED, that these petitions be, and the same hereby are,
denied, and that the Rent Administrator's orders be, and the same
hereby are, affirmed.
LULA M. ANDERSON