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.:DG410253RO
J. Albert/ Dwight Inc. RENT ADMINISTRATOR'S
c/o Horing & Welikson, DOCKET NO.:DD410063S
264 Lexington Avenue
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 23, 1989 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by an April 3, 1989 complaint,
asserting that a February 6, 1989 fire had rendered the apartment
uninhabitable and that the owner had not started repairs as of yet.
In answer, the owner asserted that the subject apartment is part of
a cooperative, not in its control; that the resident stockholders
who are in control did not allow work to commence until the issue of
liability for the fire is resolved; and that the tenant is residing
in the apartment.
Thereafter, a physical inspection of the subject apartment was
conducted on May 8. 1989 by a DHCR staff member who confirmed that
a fire occurred on February 6, 1989; gas was cut off from the
building; electric was cut off from the apartment, except the back
bedroom; there was hot and cold water in the bathroom, but no water
service in the kitchen; most of the apartment was destroyed by fire;
one bedroom remained in good condition and was occupied by the
tenant since May 1, 1989; there was severe water, fire and smoke
damage to the kitchen, living room, bedroom, bathroom and the second
bedroom; the walls, ceiling, door, floors and windows in the
kitchen, the living room, bedroom and bathroom were damaged by
water, fire and smoke; the stove and refrigerator were destroyed by
fire; the tenant was not in occupancy from February 6, 1989 to May
1, 1989; one bedroom remained habitable and occupied by the tenant;
the remaining rooms were uninhabitable.
The tenant filed a statement on May 19, 1989, asserting that it is
not the resident shareholders but the owner who did not attend to
repairs in the apartment; that the owner is the majority shareholder
of all the rental apartments in the building; of the thirty four
(34) units of the building, seventeen (17) cooperative apartments
are owned by tenant shareholders, four (4) are empty rental
apartments owned by the owner, and thirteen (13) are occupied rental
apartments owned by the owner.
The tenant further stated that he does not own the apartment; he did
not purchase it; and he has been a rent-stabilized tenant for
fifteen (15) years.
By an order dated June 23, 1989, the Administrator established the
legal regulated rent as of February 6, 1989 (the date of the fire
which caused the tenant to vacate involuntarily) at $1.00 per month.
In this petition, the owner contends that the subject apartment is
part of a cooperative not controlled by the petitioner; and it was
refused access to complete necessary repairs.
In answer, the tenant asserted that he never bought the apartment;
that he never denied access to the petitioner; and that the
petitioner started to work on the apartment six months after the
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the May 8, 1989
inspection which confirmed that this rent-stabilized apartment was
uninhabitable as of February 6, 1989, the date of the fire which
caused the tenant to vacate involuntarily.
The Commissioner notes that the owner's rent restoration application
(DJ410050OR) was granted on June 10, 1990.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA