ADM. REVIEW DOCKET NO.: EH 130338-RO
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.:
EH 130338-RO
:
DRO ORDER NO.:
DI 130070-B
SAMSON MANAGEMENT,
Premises: 101-06 67th
Drive, Forest Hills, N.Y.
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
This determination is issued in accordance with a
Stipulation of Settlement entered into by the owner and the
Commissioner, by their attorneys, remitting Court proceedings,
commenced by the owner pursuant to Article 78 of the Civil
Practice Law and Rules to consider issues raised in the owner's
Article 78 petition.
The Commissioner's order and opinion issued on October 9,
1991 of which the owner sought judicial review, affirmed that
part of the Administrator's order which granted rent reductions
based on findings that the elevator operated in a dangerous
manner in that the elevator cab door began to open before the
elevator came to a complete stop for each floor.
The owner's Article 78 petition pointed out that the
levelling standard for elevators set forth in ASME/ANSI 17.1
Safety Code for Elevators and Escalators, incorporated into the
City Administrative Code, permits cab door opening within a
certain specified distance above or below the landing, depending
on the type of elevator.
The tenants' complaint below stated that the elevator was
chronically out-of-service but did not further specify any
particular defects with its operation. The owner's answer
disputed the tenants' allegations, asserted that the elevator was
in good operating condition, submitted a statement from the
elevator maintenance contractor that the elevator was operating
"properly within code", and acknowledged service interruptions
only for routine maintenance. The inspector reported that the
ADM. REVIEW DOCKET NO.: EH 130338-RO
elevator was operating on the day of the inspection but that the
cab door began to open before the elevator came to a stop for
each floor. The Division's records reveal that elevator service
has since been restored (EH 130109 OR granted December 21, 1990).
The inspector's findings noted above do not describe the
problem with the elevator cab door with sufficient specificity to
support the Administrator's determination that the owner did not
provide or maintain required services. As the conditions appear
to have been eliminated, further fact-finding at this time is not
practical.
Accordingly, for the above reasons, the record is
insufficient to establish that the elevator problem referred to
in the tenants' complaint existed either prior to the DRA order's
issuance or during the time that the rent reduction order was in
effect. The Commissioner is compelled to revoke the
Administrator's rent reduction order.
This order is issued without prejudice to the tenants' right
to file for current elevator service reductions. If they so
file, the tenants are advised to cite the instant proceedings if
the conditions described hereinabove are reoccurring.
Any arrears owed by the tenants as a result of this order
may be paid the owner by the tenants over the course of the next
twelve (12) months.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be and the same hereby
is granted and that the Administrator's order be, and the same
hereby is revoked, as provided above.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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