Adm. Rev. Docket No: CL 430012-RO
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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CL 430012-RO
:
TIME EQUITIES, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: CE 430104-B
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
November 10, 1988, by the Rent Administrator at Gertz Plaza,
Jamaica, New York concerning the housing accommodation known as 221
West 82 Street, New York, New York, wherein the Administrator
granted the tenant's request for a rent reduction based on a finding
of a reduction of building-wide services.
The applicable law is Section 2202.16 of the Rent & Eviction
Regulations.
One tenant initiated the proceedings on May 31, 1988 by filing a
complaint alleging that the owner had failed to address a condition
reported to the owner that the elevator stopped 21/2" to 3" above
the floor level.
One June 27, 1988, the owner responded that separate inspection
conducted by the elevator maintenance contractor on June 21, 1988
and by the City Department of Housing Preservation and Development
dated June 17, and 20, 1988 found the elevator to be in working
order. However, the Department of Buildings Elevator Inspection
Report submitted by the owner indicated the results of an January
21, 1988 inspection to be unsatisfactory.
An inspection was conducted by a member of the Division inspection
staff. The inspector reported that the elevator stopped "a couple
of inches below the floor" on the way up, but stopped level on the
way down.
Based on the inspection, the Administrator reduced the rent by $4.00
for all rent controlled tenants.
The petitioner requests that the Administrator's order be reversed,
arguing as below, that the condition had been rectified prior to the
complaint, as attested to below and at PAR by the elevator
maintenance contractor and the city inspection agency.
An inspection below confirmed the existence of a serious tripping
hazard for the subject premises, notwithstanding the owner's claim
of periodic maintenance. Moreover, there was no evidence in file of
the City agency authorized inspection showing the elevator to
be operating properly. In fact, the only report from the Buildings
Adm. Rev. Docket No: CL 430012-RO
Department submitted by the owner revealed the results of their
inspection to be unsatisfactory.
The Commissioner rejects the petitioner's argument that the
Administrator erroneously determined a rent decrease for all rent
controlled tenants, including tenants residing on the easterly side
of the building, not affected by the westerly elevator as well as
those tenants on the westerly side who do not live on the tenant's
floor. The Commissioner notes the fact that a defective elevator
services certain of apartment does not mitigate that the
condition constitutes a building-wide reduction of service. It is
further noted that rent control provisions entitle all rent control
tenants to rent reductions resulting from building-wide service
diminutions, regardless of whether they signed the complaint.
THEREFORE, in accordance with the Emergency Tenant Protection Act of
1984, and Chapter 403 of the Laws of 1983, as amended by Chapter 102
of the Laws of 1984, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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