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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS: DI610012RO
Vermoshi Realty Co. c/o Zef Selca
RENT ADMINISTRATOR'S
DOCKET NO: DB630107OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART
On September 8, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 14, 1989 by the Rent Administrator, concerning the housing
accommodation known as 2504 Bronx Park East, Bronx, New York
wherein the Administrator determined the owner's application to
restore rents previously reduced per Docket No. BF 610099 B, based
on findings that the intercom system was inaudible and the public
halls were dirty.
The owner filed for rent restoration stating that all repairs
requested by the tenants had been addressed and included providing
adequate janitorial services and a new intercom system.
Several tenants responded in basically identical answers that, in
pertinent part, the hallways were cleaned adequately once a week by
a part-time porter, but that the new intercom system was faulty.
Other tenants contended that the owner had failed to restore either
service.
An inspection held on July 29,1989 revealed the public halls to be
in need of sweeping and mopping, as well as tenants' names missing
form the north wing vestibule directory panel. A spot check of the
intercom system in several apartments found it to be working
adequately with the exception of Apartment 5K (which is registered
as a rent stabilized unit). Based on the inspector's findings the
Rent Administrator denied the owner's rent restoration application.
On appeal, the owner contends the tenants' names are listed
properly, and that the public halls are clean.
Docket No. DI-610012RO - 2 -
The Rent Administrator's order is hereby amended to delete the
Administrator's findings pertaining to the vestibule directory
panel as a basis for denying the rent restoration. The condition
was not cited as a predicate for the rent reduction, and
consequently cannot be made a predicate for rent restoration.
However, the Commissioner affirms the Rent Administrator's finding
of public halls in need of sweeping and mopping as proper grounds
to deny rent restoration. The Administrator rendered the decision
based on the observations of the Division's inspector. The
inspector, a rent agency employee, was not a party to the
proceeding, and not an advisory to either the tenant or the owner.
His impartial observations, properly placed in the record for the
Administrator's consideration, were entitled to and were afforded
great weight.
For rent stabilized tenants, rent reductions are imposed for any
service decrease and the owner may not collect any increase in
rents or have the rents restored until the Administrator issues an
order restoring the rent predicated on a restoration of all
services. The owner filed for rent restoration stating that all of
the service decreases cited had been corrected, when in fact, the
public halls were found to require cleaning. Consequently no rent
restoration was warranted.
For rent controlled tenants, specific monetary reductions are
imposed for each service decrease, and the Administrator may grant
partial rent restoration. Since, the Rent Administrator found that
the intercom system to be operating adequately the owner was
entitled to a partial rent restoration.
The owner is advised to file another rent restoration application
if public hallways are being properly cleaned and maintained.
THEREFORE, in accordance with the Rent Stabilization Law & Code,
the Rent Control Law, and the Rent and Eviction Regulations it is
ORDERED the owner's petition be granted, in part, to the extent of
amending the Rent Administrator's order to delete panel directory
missing names as a basis for denying the rent restoration. It is
further
ORDERED, that the Rent Administrator's order be amended to reflect
that maximum legal rent for rent controlled tenants be restored in
the amount of $4.00 per month, plus lawful increases, effective
September 1989, predicated on repairs to the intercom system. It
is further
Docket No. DI-610012RO - 3 -
ORDERED, that the Rent Administrator's order be affirmed insofar as
the order denied rent restoration based on findings that public
halls required sweeping and mopping.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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