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.:DG 630053-RT
:
EDWARD RAVIN AND RENT ADMINISTRATOR'S
VARIOUS TENANTS DOCKET NO.: BD 610515-OM
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 5, 1989, the above-named petitioner-tenants filed an Administrative
Appeal against an order issued on June 1, 1989 by a Rent Administrator, 92-
31 Union Hall Street, Jamaica, New York concerning housing accommodations
known as 3525 Perry Avenue, Bronx, New York, various apartments. The Rent
Administrator determined that the owner was entitled to a rent increase
based on a major capital improvement consisting of the installation in 1984
of a new roof.
The owner initiated the proceeding by filing an application with the Rent
Administrator on April 30, 1987. In response to the application, various
tenants filed answers, alleging the existence of recurring major leaks in
their apartments. In response to the tenants' allegations the owner
submitted a statement from the managing agent, dated March 31, 1989 to the
effect that the conditions complainted of by the tenants do not stem from
the roof but rather are due to the need for brick pointing; that spot
pointing as well as new windows were installed in 1987 which should have
resolved tenants' problems; and that no recent complaints of water leakage
have been received.
Thereafter on May 18, 1989, a physical inspection was conducted by DHCR,
the report of which disclosed that leakage existed in apartments 7C, 7E and
7F resulting in water damage to the ceilings and walls in said three
apartments. The inspector was unable to gain access to apartment 7A.
The Rent Administrator's order granting the owner's application barred the
owner from collecting the increase for the above-mentioned apartments,
including apartment 7A, until repairs are made to said units.
On appeal, the petitioner-tenants assert, in substance, that the Rent
Administrator's order should be reversed based on the poor quality of the
roof installation.
In response to the tenants' petition herein, the owner's representative
filed an answer, stating that the building was recently sold and that the
present owner is aware of leakage problems with the roof, characterized as
"minor", and that necessary repairs will be completed.
The Commissioner is of the opinion that the petition should be granted.
ADMIN. REVIEW DOCKET NO.: DG 630053-RT
In order for work to qualify for a major capital improvement rent increase
it must meet various criteria, including the requirement that the
installation be performed in such a workmanlike manner so as to inure to
the benefit of all tenants. While the installation of a new roof cap sheet
of the type involved herein has been held to qualify as a major capital
improvement at the time the work in question was performed, such roof must
be installed in such a manner that for a reasonable period of time
thereafter the building, particularly the top floor apartments which are
most directly affected, are free from exterior water seepage emanating from
the roof and surrounding roof parapet areas above the top floor window
line.
Based upon the record before the Administrator (as confirmed on
administrative appeal) including the complaints that leaks always existed
or recurred, and the DHCR inspector's finding that all of the top (7th)
floor apartments inspected (three out of eight) displayed ceiling damage
from roof leaks, the Commissioner finds that it was an error for the
Administrator to have granted the application for a new roof. Accordingly,
the Commissioner further finds that as to all apartments the rent increase
of $.88 per room, per month should be revoked.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, and the Rent and Eviction Regulations for the City of New York,
it is
ORDERED, that this petition be, and the same hereby is granted; that the
order of the Rent Administrator and the rent increase provided for therein
be, and the same hereby is revoked; and it is further
ORDERED, that the owner refund to the tenants of rent controlled apartments
any excess rent collected as a result of this order, within 30 days from
the date of issuance hereof; and it is further
ORDERED, that as to tenants of rent stabilized apartments, the owner credit
any excess rent collected at the rate of 20% per month commencing on the
first rent payment date after issuance of this order of the Commissioner
until all overpayments have been refunded.
This order has the effect of reducing the rent to the amount in effect
immediately prior to the issuance of the instant major capital improvement
increase adjustment revoked herein, to which may then be added any
authorized rent increase unrelated to the major capital improvement. The
resulting reduction in rent continues in effect notwithstanding that an
Article 78 proceeding for judicial review or any other legal action may
have been taken in connection with this order of the Commissioner unless
and until an order is issued to the contrary.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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