DH130091RO
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.: DH130091RO
DG110242RT
ISIDOROS G. MICHALOS, Owner and
YOLANDA AND CARLOS ROJAS, Tenants RENT
ADMINISTRATOR'S DOCKET
NO.: CK130070OR
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On August 1, 1989 the above named petitioner-owner filed a Petition
for Administrative Review against an order of the Rent
Administrator issued on July 13, 1989 concerning the housing
accommodations known as Apts. 1R, 2L, 3R, and 4L at 39-70 62nd
Street, Woodside, NY wherein the Administrator denied the owner's
rent restoration application for these apartments but granted it
for all other apartments for which a rent reduction had been
granted.
On July 20, 1989, the above named petitioner-tenants filed a
Petition for Administrative Review of the same order.
The Commissioner has carefully reviewed all the evidence of record
and has carefully considered that portion relevant to the issues
raised on appeal.
The owner filed an application seeking restoration of rent that had
been reduced in an order issued on November, 25, 1986 under Docket
No. AB130014B. The rent reduction was ordered based on a finding
that the owner had failed to repair or restore the defective
building entrance and vestibule door locks, defective bells, dirty
garbage area and uncovered cans, and defective windows throughout
the building. The owner stated in the application that he had
installed a new buzzer system, a new front door and lock, new
windows throughout the building, and new garbage cans and covers
with chains.
A physical inspection of the premises by a DHCR employee on May 3,
1989 revealed that all services had been restore except for
inoperative door bells at four apartments. With regard to the
windows, the inspector reported that new windows had been installed
DH130091RO
throughout the public hallways and there was no evidence of any
defects.
Based on this report, the Rent Administrator granted the owner's
rent restoration application for all but the four apartments.
In the petition for administrative review filed by the owner, he
asserts that substantial sums were expended to restore services and
that the defective bells reported by the inspector are minor items
that the owner repaired on July 20, 1989 to the satisfaction of the
tenants who have signed statements to that effect.
The owner's petition was served on the tenants on November 27,
1989.
In the petition for administrative review filed by the tenants of
Apt. 3L, they assert that although new windows were installed, they
are defective and do not stay open. They argue that the rent
should not be restored until this problem is corrected.
The tenants' petition was served on the owner on November 6, 1989.
In response, the owner stated that all repairs to the tenants'
apartment have been completed and submitted a copy of a work order,
signed by the tenants, listing repairs done to various conditions
other than windows.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that both petitions should be
denied.
An owner is entitled to restoration of rents that were ordered
reduced by DHCR because of a finding of failure to maintain
services once it is established that all required services cited in
the rent reduction order have been restored. The determination as
to whether services have been restored is generally made on the
basis of a physical inspection of the premises by a DHCR employee.
In the instant case, the Division's inspector found that all
services had been restored except for four defective bells and the
rent was properly restored for all but those four tenants. The
owner concedes in his petition that the necessary repairs to the
door bells were not made until after the Administrator's order was
issued. The owner subsequently filed another application for rent
restoration which was granted (Docket No. DH130099OR).
The tenants' petition concerns the condition of windows within the
apartment whereas the restoration proceeding concerned building-
wide conditions for which the condition of the public area windows
was investigated and found to be without defects. Accordingly,
rent restoration was properly granted.
THEREFORE in accordance with the Rent Stabilization Law and Code,
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it is
ORDERED that these petitions be and the same hereby are denied and
the Rent Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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