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 NO. DL 220143-RT
ANNE JOSEPH DOCKET NO. DA 230044-OM
ORDER AND OPINION GRANTING IN PART PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING ON APPEAL
On December 12, 1989 the above-named petitioner-tenant filed a Petition
for Administrative Review against an Order issued on December 6, 1989 by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning housing accommodations known as 8714 21st Avenue, Apartment 10
F, Brooklyn, New York, wherein the Administrator granted major capital
improvement (MCI) rent increase based on the installation of new concrete
steps and the repavement of the courtyard.
The owner commenced this proceeding below by filing with the Division, on
January 6, 1989, a rent increase application for both rent control and
rent stabilized apartments in the subject premises, based on the
installation of new concrete steps and the repavement of the courtyard.
In response to the application, various tenants filed answers raising
questions as to the extent of the work performed and stating that repair
of the sidewalk was included in the claimed expense.
On December 6, 1989 the Rent Administrator issued the order here under
review which granted the owner's application.
On appeal, the petitioner-tenant contends, in substance, that the
courtyard was not completely repaved; that only one slab of stairs was
repaired; and that no stairs were replaced.
In response to the tenant's petition, the owner submitted from its
contractor an attestation of the work performed which included the
repavement of the front, rear and side courtyards and the replacement of
33 (thirty-three) concrete steps.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that his proceeding should be remanded to
the Rent Administrator for further processing in accordance with this
order and opinion.
Various responses elicited from the tenants below, disputing the extent
of the work claimed to have been performed, were so specific and provoking
that a physical inspection (which would have rendered a definitive
finding) was called for.
DOCKET NUMBER: DL 220143-RT
Since the question of the extent of the installation of new concrete steps
and the repavement of the courtyard persists, the Commissioner deems it
appropriate to remand this proceeding to the Administrator for such
further processing as deemed necessary, which may include a physical
inspection of the areas in question.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for the City
of New York, it is
ORDERED, that this petition be, and the same hereby is granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accordance with this order and opinion. The order and
determination of the Administrator remains in full force and effect until
a new order is issued upon remand.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner