DJ 530114-RO, DL 530153-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
APPEALS OF DOCKET NOS.:
DJ 530114-RO
INWOOD PLAZA ASSOCIATES, DL 530153-RO
RENT ADMINISTRATOR'S
DOCKET NOS.:
PETITIONER CL 430119-B
----------------------------------x DC 530085-B
ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
IN PART AND REMANDING PROCEEDINGS TO ADMINISTRATOR FOR
FURTHER CONSIDERATION
On December 15, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued
on December 4, 1989, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known
as 31 and 41 Park Terrace West, New York, New York, wherein, the
Administrator determined the tenants' complaint of a reduction of
building-wide services.
The Administrator's determination was based on the results of an
inspection conducted on October 27, 1989 by a member of the
Division's inspection staff. The inspector reported that the
door locks for the adjoining front buildings at 221 and 229
Seaman Avenue were broken and defective, and that the locks were
missing from gated door entrances between 31 and 41 Park Terrace
West and on a 221 and 229 Seaman Avenue side entrance. The in-
spector also reported that four (4) mailboxes at 31 Park Terrace
West had broken locks and that five (5) mailboxes at 41 Park
Terrace West had no locks.
The owner had previously commenced other PAR proceedings (DJ
530114-RO) on October 13, 1989 appealing an order under Docket
No. CL-430119-B determining a separate tenants' complaint of a
reduction of building-wide services concerning the housing
accommodations at 229 Seaman Avenue, New York, New York, noted
above. Based on inspections conducted June 19, August 29, and
September 7, 1989, the Administrator reduced those tenants'
rents for an inoperative lower level intercom system and for
locking a middle level vestibule door in violation of the
DJ 530114-RO, DL 530153-RO
Multiple Dwelling Law.
The owner petitions the Commissioner to reverse the Administra-
tor's orders, arguing that it was unreasonable to grant rent
reductions in the face of the new gates, entrance doors and
intercom systems installations designed to increase the security
of the entire premises.
With regard to PAR Docket No. DL 530153-RO, the owner also con-
tends that mailboxes are repaired promptly upon request, and
that there had been no such requests, points out that the
defective mailboxes were not identified, and suggests that rent
reductions for unaffected tenants were improper.
With regard to PAR Docket DJ 530114-RO the owner notes that some
of the tenants granted rent reductions (Apartments D-10, D-11 and
C-14) resided at 221 Seaman Avenue, and may not have been
affected by the conditions found at 229 Seaman Avenue. The owner
also contends the new entrance doors, gates and intercom systems
are new and working properly.
The applicable law is Section 2523.4 of the Rent Stabilization
Law and Section 2202.16 of the Rent & Eviction Regulations.
After careful consideration the Commissioner is of the opinion
that the owner's petitions should be granted in part, as more
fully set forth below.
The fact that new equipment was installed to insure additional
security did not absolve the owner from the responsibility to
maintain and repair broken or defective equipment. The owner's
assertion that all the equipment was in proper working order was
belied by the inspectors' reports.
The Commissioner concurs with the owner that it was improper to
grant rent controlled tenants at 31 and 41 Park Terrace West,
rent reductions for broken or defective mailboxes without
establishing which tenants were affected. Accordingly, this
matter should be remanded to the Administrator to ascertain the
affected parties. If such facts cannot be established the rent
reduction for this condition may be revoked. However, the owner
remains responsible to insure that the conditions are addressed
promptly.
The Commissioner also finds that the locked vestibule door
condition found at 229 Seaman Avenue should be deleted as a basis
for rent reduction; the condition was not cited in the tenant's
complaint, alleging a lack of security. The proceedings are also
remanded to ascertain if the tenants in Apartments D-10, D-11 and
C-14 at 221 Seaman Avenue were properly entitled to rent reduc-
tions, granted for conditions affecting services in the adjoining
building, i.e., defective intercoms.
Rent reductions to rent stabilized tenants are not otherwise
affected, as sufficient grounds remain to warrant rent reductions
for those tenants.
The collection of any arrears owed the owner by tenants as a
result of this order is stayed pending the issuance of new deter-
minations upon remand.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, the City Rent Control Law and the Rent and
Eviction Regulations for New York City, it is
ORDERED, that the owner's petitions be granted to the extent of
remanding the proceedings to the Administrator for further
consideration. On remand the Administrator shall ascertain the
rent controlled tenants at 31 and 41 Park Terrace West, if any,
eligible for rent reductions due to defective mailboxes. The
Administrator shall also ascertain whether rent reductions
granted to tenants at 221 Seaman Avenue, Apartments D-10, D-11
and C-14 for conditions noted at 229 Seaman Avenue were proper.
It is
FURTHER ORDERED, that rent reductions under Docket No.
CL 430119-B granted to rent controlled tenants at 221 and 229
Seaman Avenue, if any, for locked vestibule door conditions, are
revoked, as provided above, and the order is modified to delete
reference to this item as a basis for the rent reduction for rent
stabilized tenants.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
INTER-OFFICE CORRESPONDENCE
TO :District Rent Office/Processing Unit
FROM :Attorney J. Coletti
S.C.O.R.E. Bureau - Administrative Review Unit
DATE :May 5, 1992
RE. :Administrative Appeal Docket Nos.: DJ 530114-RO; DL 530153-RO
D.R.O. Docket Nos.: CL 430119-RS; DC 530085-B
Subject Premises:
This proceeding was remanded:
[ ] 1.Because District Office file was not received by us in
time to decide the matter within statutory or court im-
posed deadlines. The original order should be affirmed,
revoked, modified or corrected after consideration of
claims made and/or new evidence submitted or offered on
appeal. (See the "D.R.O. Copy" of our final order and
all attachments, that accompanies this memo.)
[ ] 2.For a hearing to be held, by the Hearing Bureau. Your
file has been transferred to the Hearing Bureau and
this memo and "D.R.O. Copy" of our order is sent to you
for your information and records.
[X] 3.For the reasons specified below:
a)Identify rent controlled tenants at
31 Park Terrace West eligible for
rent reductions due to defective
mailboxes.
b)Ascertain whether tenants at 221 Seaman
Avenue, Apts. D-10, D-11 & C-14 were
eligible for rent reductions based on
defective intercom at 229 Seaman Ave.
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