DF130255RO
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.: DF130255RO
NORTHERN STAR REALTY CO. RENT
ADMINISTRATOR'S DOCKET
NO.: CI130059B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On June 30, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued June 7, 1989. The order concerned various
housing accommodations located at 147-25 Northern Blvd., Flushing,
N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on September 27,1988 when one
tenant filed a Statement of Complaint of Decrease in Building-Wide
Services and alleged, in sum, that the owner was not maintaining
certain required building services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on October
15, 1988 and stated, in sum, that it was maintaining required
building services or that it had investigated the tenant's
complaint and made the required repairs.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on April 18, 1989 and
revealed the following:
1. Building is roach infested,
2. Inadequate janitorial services; dirty incinerators,
hallways, stairwells, stair halls, courtyard and
accumulation of garbage,
DF130255RO
3. Defective elevator in that it operates slowly and
in a jerky manner and there is no mirror,
4. Defective intercom, cannot hear clearly.
All other services were found to have been maintained.
The Administrator issued the order here under review on June
7, 1989 and ordered a rent reduction based on the inspector's
report.
On appeal the owner states that the building is cleaned by the
janitorial staff on a regular basis, that the elevator is serviced
by a repair company when required, that there is a mirror in the
elevator, that exterminator services are available to the tenant
and that the intercoms have been repaired. The petition was served
on the tenant on September 25, 1989.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the order here under review should be affirmed as
modified herein.
Pursuant to Section 2523.4 of the Rent Stabilization Code, a
tenant may apply to the Administrator for a rent reduction based on
the fact that the owner has not maintained required services and
the Administrator is required to reduce the rent if it is found
that such services have not been maintained. Pursuant to Section
2520.6 (r) of the Code, required services are defined as those
services the owner was required to provide on the applicable base
date including repairs and maintenance.
With regard to all findings except the defective elevator and
missing mirror, the Commissioner finds that the above described on-
site physical inspection, carried out by a DHCR employee who is
neither a party to the proceeding nor an adversary, is dispositive.
The owner has not rebutted the report. The Commissioner affirms
these findings.
With regard to the issue of the elevator, the Commissioner
acknowledges that enforcement of applicable standards regarding
elevator operation and safety is under the jurisdiction of the New
York City Department of Buildings, which has long established,
comprehensive procedures and inspection programs in place. The
staff engaged in carrying out these programs has the necessary
technical expertise to conduct periodic inspections; to interpret
and apply relevant codes, regulations and industry standards and to
issue violations. Further, in view of the City's greater experience
with elevator enforcement, the City is in a better position than
the DHCR to determine appropriate performance standards and
ancillary equipment for elevators of varying age and manufacture.
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The Commissioner notes that a search of the records of the
Department of Buildings has revealed that no violations regarding
elevator operation were issued while the complaint was pending
before the Administrator. Therefore, the Commissioner finds that
sufficient evidence does not exist to support the Administrator's
finding regarding the elevator. That finding must, therefore, be
revoked.
The Commissioner notes that rent reduction orders for this
building, bearing Docket Nos. CL130042B and CL130023B, were issued
by the Administrator. In the case of overlapping rent reduction
orders for rent stabilized tenants, the rent is reduced
retroactively by the percentage of the guidelines adjustment to
each tenant's lease which commenced before the first date of
service on the owner of the tenant's complaint. The automatic stay
of the retroactive rent abatement that resulted by the filing of
this petition is vacated upon issuance of this order and opinion.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Rent Administrator's order be, and
the same hereby is, affirmed as modified herein.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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