EG430313RO

                                  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


          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.: EG430313RO
                                                  
          ETC MANAGEMENT CO INC.                  RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: DH420129B
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                  IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER

               On July 20, 1990 the above named petitioner-owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued June 18, 1990. The order concerned various 
          housing accommodations located at 258 Riverside Drive, New York, 
          N.Y.  The Administrator issued an order directing restoration of 
          services and ordered a $28.00 per month rent reduction for rent 
          controlled tenants based on the owner's failure to maintain certain 
          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 18, 1989 when 8 of 
          the 52 building tenants filed a Statement of Complaint of Decrease 
          in Building-Wide Services and alleged that the owner was not 
          maintaining certain required services including cracked sidewalk, 
          defective iron railing and scaffolding surrounding the building, 
          graffiti on the exterior walls, worn lobby stair treads, and debris 
          in the rear yard.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on December 
          8, 1989 and stated that  the tenants were not entitled to a rent 
          reduction because one had not been requested in the complaint and 
          because the cited conditions were either being maintained, had been 
          repaired or did not warrant the imposition of a rent reduction.  
          The owner also stated the building was currently under cooperative 
          ownership and that it was no longer the owner of the building.
           
               The Administrator ordered a physical inspection of the subject 












          EG430313RO

          building.  The inspection was conducted on March 14, 1990 and 
          revealed the following:

                    1.   Sidewalk at rear of building is cracked,

                    2.   Iron railing surrounding building is rusted, 
                         disjointed and patched in unworkmanlike manner,

                    3.   Scaffolding surrounding building has loose and 
                         hanging barbed wire, lights and no protective 
                         cages,

                    4.   Evidence of graffiti on building exterior walls,

                    5.   Building entrance door not self-closing, lock is 
                         defective and lower glass panel is missing,

                    6.   Lobby stair treads are worn and require replacing,

                    7.   Rear yard is cluttered with construction supplies.

          All other services complained of were found to have been 
          maintained.

               The Administrator issued the order here under review on June 
          16, 1990.  A $28.00 per month rent reduction was ordered for rent 
          controlled tenants.  Rent stabilized tenants were not granted a 
          rent reduction but the Administrator issued an order directing 
          restoration of services. The Administrator noted that the issue of 
          the defective building entrance door was resolved in Docket No. 
          DI430006B.

               On appeal the owner, as represented by counsel, states that 
          the building is undergoing extensive renovation work, that the 
          scaffolding is not a service required to be provided, that the iron 
          railing is being maintained, that repairs to the railing cannot be 
          completed until the work being done to the building exterior is 
          finished, that the graffiti condition is aesthetic in nature and is 
          too minor to warrant a rent reduction, that the lobby stair treads 
          were repaired as part of a work done in the lobby, that the refuse 
          in the rear yard was caused by the work being done to the building 
          and would be alleviated when the work was completed and that the 
          rent controlled tenants had received a rent reduction for the 
          condition involving the rails in Docket No. CC430100B.  The 
          petition was served on the tenants on September 25, 1990.
           
               Two tenants filed responses and stated, in sum, that the order 
          here under review was correctly issued and should be affirmed.

               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 






          EG430313RO

          modified.

                The Administrator's findings with regard to all issues except 
          the scaffolding were within the scope of the complaint and amply 
          supported by the physical inspection described above.  That 
          inspection was carried out by a DHCR employee who is neither a 
          party to this proceeding nor an advocate.  With regard to the issue 
          of the iron railing, the Commissioner's review of the rent 
          reduction proceeding in Docket No. CC430100B reveals that the 
          Administrator found three missing railings on the 98th Street side 
          of the building and ordered a $3.00 per month rent reduction.  In 
          this proceeding the Administrator found that the railing 
          surrounding the building is rusted, disjointed and patched in an 
          unworkmanlike manner.  There is no duplication between the two 
          proceedings and the Administrator's finding in this proceeding was 
          correct.

               With regard to the issue of the scaffolding, the Commissioner 
          agrees with the owner's argument that scaffolding erected by a 
          private contractor to facilitate repairs to the building is not a 
          service the owner is required to maintain. The finding relating to 
          this condition, as well as the $3.00 per month rent reduction 
          ordered for rent controlled tenants, is revoked. 

               THEREFORE, pursuant to the Rent Stabilization Law and Code and 
          Rent and Eviction Regulations 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.  Any rent 
          controlled tenant who owes arrears based on the Commissioner's 
          decision herein may pay off said arrears in installments of $3.00 
          per month or immediately if the apartment is vacated.  

          ISSUED:



                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                       






    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name