DHCR Decisions
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 NOS. EB 210396-RT
: EC 210055-RT
VARIOUS TENANTS OF 500 ST. JOHN'S EC 210056-RT
PLACE, BROOKLYN, NEW YORK EC 210057-RT
PETITIONER : EC 210058-RT
------------------------------------X EC 210059-RT
EC 210061-RT
RENT ADMINISTRATOR'S
DOCKET NO. ZDA 230122-OM
ORDER AND OPINION REMANDING PETITIONS FOR ADMINISTRATIVE REVIEW
On February 22 and March 6, 1990 the above named petitioner-tenants timely
filed Petitions for Administrative Review against an order issued on
February 1, 1990, by the Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning housing accommodations known as various apartments of
500 St. John's Place, Brooklyn, New York, wherein the District Rent
Administrator determined that the owner was entitled to a rent increase
based on a major capital improvement consisting of the rewiring of the
subject premises.
In these petitions, the tenants contend, in substance, that the Rent
Administrator's order is incorrect and should be reversed because:
1) the electrical work was not done to upgrade the wiring, but
rather to permit individual metering in the building which
should not qualify as a major capital improvement;
2) the rewiring was done in a poor and unworkmanlike manner as
the lights dim whenever a major appliances is in use;
3) the tenants were not aware that DHCR inspectors would be at
the building on January 4, 1990 and January 9, 1990 and do
not know which apartments were inspected or what the
inspectors did to ascertain tht there was no dimming of
lights;
4) their rents have been increased twice in the past three
years for a new burner and new entrance doors;
5) their rents were minimally reduced due to the rewiring for
individual metering, but their electric bills far exceed the
rent reduction issued; and
6) DHCR has failed to follow its mandate of maintaining
affordable housing units.
DOCKET NUMBER: EB 210396-RT, et al.
The owner did not submit a response to these petitions.
The Commissioner notes that the issues raised on appeal were previously
considered by the Commissioner which resulted in an Order and Opinion
Remanding Proceeding on appeal issued May 3, 1990 under Administrative
Review Docket Nos EC 210062-RT et al. The Commissioner deems it appropriate
to remand the instant petitions for further consideration in connection with
a proceeding currently pending before the Rent Administrator under Docket
No. EE 210014-RP (DA 230122-OM).
THEREFORE, in accordance with the provisions of the Rent Stabilization Code
at the Rent and Eviction Regulations for New York City, it is
ORDERED, that these petitions be, and the same hereby are granted to the
extent of remanding and consolidating them with Docket No. EE 210014-RP as
hereinabove specified. As indicated in the Commissioner's prior order and
opinion the automatic stay of so much of the Rent Administrator's order as
directed a retroactive rent increase is hereby continued until a new order
is issued upon the remand. However, the Administrator's determination as
to the prospective rent increase is not stayed and shall remain in effect
until the Administrator issues a new order upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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