DOCKET NUMBER: DI 130210-RT, et. al.
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 NOS.: DI 130210-RT &
M & L JACOBS (owner) and : DJ 130338-RO (Refile of
SUSAN J. RODRIGUEZ and JOHN DI 130103-RO)
C. SZEWCZUK (tenants'
representatives) PETITIONER : DRO DOCKET NO.: CJ 130109-B
ORDER AND OPINION REMANDING PROCEEDINGS ON APPEAL
The abovenamed petitioners, owner and tenants, timely filed or refiled
Petitions for Administrative Review against an order issued on August 15,
1989 by the Rent Administrator concerning the housing accommodations known
as 82-15 35th Avenue, Various Apartments, Jackson Heights, Queens.
The tenants filed a multiple complaint of decreases in services regarding
inadequate elevator lighting, failure to regularly empty the garbage
compactor causing fowl odors and vermin infestation throughout the
building, long overdue painting of public areas and failure to adequately
clean public areas.
The herein appealed order of the Rent Administrator reduced the rents
building-wide, by $4.00 per month for rent controlled and by a guideline
for stabilized apartments, to reflect peeling paint and plaster on the
bulkhead and basement walls. The order also found there was no evidence
of garbage accumulation in the compactor room or of foul orders or vermin
infestation in public areas or of dirty halklways.
The order was based on a physical inspection conducted on May 9, 1989.
In its petition the owner, among other things, urges that the peeling
paint and plaster on the basement and on the bulkhead were minimal items
and did not warrant a rent reduction especially since the building was
obviously otherwise well maintained.
In their petition the tenants contest the Administrator's findings with
respectg to garbage accumulation, foul odors, vermin infestation and dirty
public areas and complain that, except for the basement and bulkhead, the
Administrator did not consider their complaint of lack of painting which
they meant to apply to the outside as well as the inside of the building.
The tenants make similar allegations in response to the owner's petition.
With their petition the tenants submit approximately 56 photographs,
purportedly taken about a week after the issuance of the Administrator's
order, of various areas of the interior and exterior of the building,
DOCKET NUMBER: DI 130210-RT, et. al.
showing chipped and peeling paint, stains, discolorations, accumulations
of dirt and debris, a roach crawling on a wall and an unsecured handrail
near Apartments 1A & 1B.
The Commissioner is of the opinion that hte proceedings should be remanded
for further processing.
With respect to the peeling paint and plaster in the basement and on the
bulkhead, which are areas wish tenants do not normally either occupy or
have reason to use, the Commissioner agrees that rent reductions would
not have been warranted if that was, in fact, the only defective
However, the evidence submitted by the tenants, showing some conditions
which it is not likely occurred in only the 3 months subsequent to the
Administrator's physical inspection, costs doubt upon the general
correctness of the instant order.
On remand, the Administrator should reconsider the matter, on notice to
the parties, by whatever means are found useful.
If the owner restores, or has restored, services the Administrator shall
take that into consideration and adjust rents accordingly.
THEREFORE, pursuant to the Rent Stabilization Law and Code, and the Rent
and Eviction Regulations for New York City, it is
ORDERED, that these petitions be, and the same hereby are, granted to the
extent of remanding these proceedings to the Rent Administrator for
further processing in accord herewith. The stay of the Rent
Administrator's order issued a July 11, 1990 is continued until a new
order is issued on remand.