DF 230203 RO
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.: DF 230203-RO
FOSTER APARTMENTS GROUP, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DA 210066-OR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 13, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
May 24, 1989, by the Rent Administrator at Gertz Plaza, Jamaica,
New York concerning the housing accommodations known as 3403
Foster Avenue, Brooklyn, New York which determined the owner's
rent restoration application.
The Administrator's order denied the owner's application based on
an inspection conducted on March 15, 1989 which disclosed that the
certain conditions which had given rise to the rent reduction
under Docket No. BA-230086-B had not been corrected.
The Administrator had previously reduced rents based on findings
that the elevator door was inoperative, the front cellar and roof
doors were unlocked and that hall windows on the first, second,
fourth and fifth floor were broken.
The Administrator denied the owner's rent restoration application
based on a March 15, 1989 inspection which disclosed that the roof
door remained unlocked and that the hall windows on the second and
fifth floor were broken. The inspector noted however that the
cellar door was locked and that the elevator had been repaired.
In the appeal, the owner points out that the roof door is bolted
and that New York City fire ordinances prohibit locks on roof
doors. The owner also denies that windows are broken.
The applicable law is Section 22520.6(r) and Section 2523.4 of the
Rent Stabilization Code.
After careful consideration the Commissioner is of the opinion
that the petition should be granted.
The petitioner is correct that fire protection provisions of the
New York City Building Code provide that exit doors leading from
the top floor to the roof "shall be readily operative at all times
DF 230203 RO
and shall not require a key to operate from that side." [See
Section 27-371j(1)(a) of the New York City Building Code.]
The bolted roof door complies with applicable city regulations.
However, the owner's failure to appeal the underlying rent
reduction order (BA 230086-B) in a timely manner rendered final
the Administrator's determination that the unlocked roof door
constituted a service reduction. Notwithstanding such finality in
the underlying rent reduction proceedings, the finding is deleted
from the Administrator's order herein under appeal as a basis for
denying the owner's rent restoration application.
As to the Administrator's finding that hall windows on the second
and fifth floor were broken, the Commissioner notes that, in the
compliance proceedings conducted in connection with the underlying
rent reduction proceedings (BA-230086-B), one of the two tenants
who filed an affirmation of non-compliance indicated that the
broken windows had been repaired pursuant to the Administrator's
directive to the owner to restore services. In light thereof, the
Commissioner is of the opinion that the complete record herein and
of the underlying rent reduction proceedings reflects that repairs
had been made, and that the conditions cited constituted new
conditions. The Commissioner further notes that no other service
reduction complaints are on record for the subject premises.
Accordingly, the Commissioner is of the opinion that the petition
should be granted, the Administrator's order revoked, and the
rents restored effective as of March 1, 1989, the first rent
payment date following service of the owner's application on the
Any arrears owed by each tenant as a result of this order may be
paid the owner by the tenant over the course of the next twelve
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be and the same hereby is
granted, that the Administrator's order denying the owner's rent
restoration application be revoked, and that the rents be restored
as provided above.
JOSEPH A. D'AGOSTA