DI 430123 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.: DI 430123 RO
Manhattan Avenue Apartments, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: CL 420010-B
PREMISES: 78 Manhattan Ave.,
New York, N.Y.
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
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.
On December 6, 1988, the tenants commenced the proceeding below
by filing a complaint of a decrease in building-wide services,
asserting that the elevator did not stop at the fourth floor of
the subject premises, and that this condition had existed for
over two years.
In its answer, the owner stated that the elevator stopped at
every floor and that it had signed a proposal to modernize the
elevator cab.
On June 6, 1989, an inspection of the subject premises was
conducted by a D.H.C.R. inspector who found that there was no
elevator service due to the fact that a new elevator was being
installed.
The Rent Administrator directed restoration of elevator services
and further ordered a reduction of the regulated rents.
In its petition for administrative review, the owner states that
it was not notified of the tenants' complaint and that the
elevator is working perfectly.
Various tenants responded to the owner's petition stating in
pertinent part that the elevator had a long history of faulty
operation.
The Commissioner is of the opinion that the petition should be
granted.
The Commissioner notes that the order here under appeal is based
on a single staff inspection which found the elevator was
inoperable as the result of the owner's installation of a new
DI 430123 RO
elevator. In the absence of evidence that the installation was
unnecessarily prolonged, a service interruption occasioned by the
installation of a new elevator does not constitute a failure to
maintain services for which a rent reduction is warranted.
On May 29, 1991, under docket number DI 420168 OR, the owner's
application to restore the rent was granted. If the owner has
already complied with the Administrator's order reducing the
rents, and there are arrears due to the owner as a result of the
instant determination, the tenants shall be permitted to pay off
the arrears in twelve monthly installments. Should the tenant
vacate after the issuance of this order, or have previously
vacated, said arrears shall be payable immediately.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent and Eviction Regulations for New York City, it
is
ORDERED, that this petition be, and the same hereby is, granted
and that the Administrator's order be, and the same hereby is,
revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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