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
APPEAL OF DOCKET NO.: CJ430046RT
VARIOUS TENANTS OF
135 MOTT STREET, NEW YORK, N.Y., RENT ADMINISTRATOR'S
DOCKET NO.: BL430125OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 17, 1988, the above-named petitioner-tenants filed a
petition for administrative review (PAR) of an order issued on
September 23, 1988, by the Rent Administrator, concerning the
housing accommodations known as 135 Mott Street, various
apartments, New York, N.Y., wherein the Administrator granted the
owner's application to restore rent, that had been established at
$1.00 per month for all apartments in the building in Docket No.
BB430134B issued on October 22, 1987.
The appealed order stated that based upon the entire record and
considering all the equities involved, the Rent Administrator found
that although the owner restored the apartments to a habitable
level, there are still repairs to be made in public areas according
to the findings of a physical inspection held on March 30, 1988,
1. No garbage cans are provided in the building.
2. Back yards are dirty and scraps of meat are all
over the yard due to a meat shop in the building.
The order further stated that the rent was to be restored effective
February 1, 1988 to the level prior to the day of the fire
(February 10, 1987) minus a rent guideline increase effective the
first day of the month after the tenants move back in to the
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.
The issue herein is whether the Rent Administrator properly granted
the owner's rent restoration application.
On December 22, 1987, the owner filed a rent restoration
application, alleging that all necessary repairs to correct the
fire damage to the building, which was the subject of the rent
reduction order issued under Docket No. BB430134B were completed.
The tenants filed an answer to the application alleging, in
substance, that the owner failed to restore all services.
A DHCR inspection conducted on March 30, 1988, revealed that the
owner restored the apartments to a habitable level but that there
were still repairs to be made in the public areas.
On appeal, the petitioner-tenants asserted, in pertinent part, that
services were not restored when the owner filed the restoration
application, that repairs were made only after the tenants
commenced legal proceedings and that the owner failed to make full
service restoration and that services were still curtailed.
The petition was served on the owner on December 2, 1988 and on
December 16, 1988 the owner filed an answer to the petition stating
that the tenants were returned to occupancy starting in February,
1988 and that all repairs have been made.
After careful consideration, of the entire evidence of record, the
Commissioner is of the opinion that the petition should be denied.
The owner, on proof that fire damaged apartments have been made
habitable is, by law, entitled to restoration of the rent to the
The record shows that the Rent Administrator in granting the
owner's restoration application, based his findings on the results
of an inspection held by the DHCR on March 30, 1988, which revealed
that the apartments were habitable but that certain building-wide
services were not being maintained.
The Commissioner deems it appropriate to rely on the results of the
Division's inspection and finds that the petitioner failed to
adduce convincing evidence that the inspector's findings were
erroneous in any way.
This order is issued without prejudice to the tenants' continuing
right to file an appropriate application for a rent reduction for
a diminution of services in individual apartments or the public
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA