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.:
PJETER/LINA BALAJ DOCKET NO.:
2009 CRUGER AVE.
PETITIONER BRONX, NEW YORK
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING ADMINISTRATOR'S ORDER
On May 24, 1989 the above-named owner filed a petition for
administrative review of an order issued on April 27, 1989
concerning various housing accommodations located at 2009 Cruger
Ave., Bronx, N.Y. The Administrator directed restoration of
services and ordered a rent reduction based on the owner's failure
to maintain services.
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 petition.
Various tenants commenced this proceeding on August 26, 1988
by filing a complaint asserting that elevator service in the
building is "inconsistent and frequently interrupted." The tenants
also complained about the condition of the public area window
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on November
29, 1988 and stated that the elevator had been out of service for
certain days in July, 1988 but that the elevator was promptly
repaired and is now operational. With regard to the issue of the
public area window sills, the owner stated that it had not
previously been informed of the condition but was investigating the
complaint and the need to make repairs.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 27, 1989 and
revealed that the elevator does not stop level on any floor.
The Administrator issued the order here under review on April
27, 1989. Rent controlled tenants were granted a $6.00 per month
rent reduction. Rent stabilized tenants who signed the complaint
were granted a rent reduction of an amount equal to one guideline
On appeal the owner states that the tenants were not without
elevator service and the elevator stopped level when the owner
performed his own inspection. The petition was served on the
tenants on September 11, 1989.
Various tenants answered the owner's petition, stating in
substance that the elevator service is still defective.
After careful consideration of the entire evidence of record,
the Commissioner is of the opinion that the petition should be
granted and the order here under review should be revoked.
The original complaint filed by the tenants on August 26, 1988
asserted that elevator service was inconsistent and frequently
interrupted. In answer, the owner stated that the elevator was in
working order. The Commissioner finds that the DHCR inspection
described above went beyond the allegations of the tenants'
complaint by looking for defects other than an inoperative
elevator. The levelling problem reported by the inspector was not
complained of and does not establish that the elevator was not made
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent and Eviction Regulations for New York City, it
ORDERED, that this petition be, and the same hereby is,
granted, and that the Administrator's order be, and the same hereby
is, revoked. Rent arrears may be due the owner from the tenants as
a result of this order. With respect to rent controlled tenants,
any arrears shall be paid in monthly installments of $6.00 per
month. As to rent stabilized tenants, any arrears may be paid in
twelve equal monthly installments. Any tenant who vacates shall
owe arrears immediately.
JOSEPH A. D'AGOSTA