EF130103RO
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.: EF130103RO
D.S. BAGGA RENT
CIMRAN CO. ADMINISTRATOR'S DOCKET
NO.: DF130131B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On June 12, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 11, 1990. The order concerned various
housing accommodations located at 83-09 Brevoort Street, Kew
Gardens, N.Y. The Administrator directed restoration of services
and ordered rent reductions for failure to maintain 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 June 2, 1989 when 22 tenants
in this 42 unit building joined in filing a Statement of Complaint
of Decrease in Building-Wide Services in which they alleged, in
substance, that the owner was not maintaining certain required
building-wide services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on September
5, 1989 and stated, in sum, that required services were being
maintained or that it had investigated the tenants' complaints and
made repairs.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on March 26, 1990 and
revealed the following:
1. Inadequate lighting in lobby area,
2. Peeling paint and plaster at bulkhead walls and
ceilings, second floor wall between apartments 2C
EF130103RO
and 2D as well as first floor wall crack between
apartments 1C and 1D,
3. Cracked pane of glass in window of laundry room,
4. Fire escape pitted with rust,
5. Hallway and compactor rooms in need of sweeping and
mopping,
6. Elevator does not stop level on each floor,
7. Defective intercom system with no communication
from intercom to apartments,
8. Defective tenant access door from street to garage,
9. The garbage collection located in the basement has
no ventilation and foul odors.
All other services were found to have been maintained.
The Administrator issued the order here under review on May
11, 1990. Rent controlled tenants were granted a $36.00 per month
rent reduction. Rent stabilized tenants who joined in the filing
of the complaint were granted a rent reduction of an amount equal
to the percentage of the most recent guidelines adjustment for
tenants' leases commencing before June 1, 1989.
On appeal the owner states that the conditions relating to the
cracked window pane in the laundry room, rusted fire escapes and
improper elevator leveling were not part of the original complaint.
The owner also states that condition regarding the peeling paint
and plaster is too minor to warrant a rent reduction, that the
intercom and delivery door have been repaired, that building
lighting has been improved, that the hallways and compactor rooms
are cleaned daily and that the superintendent has been instructed
as to the alleviation of the condition regarding garbage odor. The
petition was served on the tenants on August 13, 1990.
The tenant representative filed a response on August 30, 1990
and stated that the owner had restored some, but not all, of the
conditions cited in the rent reduction order.
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
modified herein.
A careful reading of the entire complaint confirms that the
tenants never made specific complaints regarding broken windows,
rusted fire escapes and elevator leveling conditions. The complaint
EF130103RO
regarding the elevator alleged that it was dirty, frequently out of
service, lacks an inspection certificate and has a defective
exhaust fan. The inspector did not so report. Accordingly, the
findings regarding these conditions must be revoked. With regard
to rent controlled tenants, the Commissioner revokes the $11.00 per
month in rent reductions ordered for these conditions.
The balance of the Administrator's order is affirmed. The
Commissioner notes that tenants may apply to the DHCR for rent
reductions based on the owner's failure to maintain required or
essential services. The Administrator is required to reduce the
rent for rent stabilized tenants and may order a rent reduction for
rent controlled tenants upon finding that such services have, in
fact been reduced. Required or essential services are defined as
those services the owner was required to maintain on the applicable
base date including repairs and maintenance.
The Commissioner finds that the Administrator based all
findings except those regarding the broken window, rusted fire
escape and elevator leveling conditions on the entire record
including the results of the physical inspection described above.
The owner has not rebutted the inspector's report nor established
that it has done anything other than make repairs after the
issuance of the order here under review. The owner's arguments
that certain of the conditions are too minor to warrant a rent
reduction is without merit. The Commissioner affirms the $25.00
per month rent reductions ordered for rent controlled tenants and
further affirms the rent reduction ordered for rent stabilized
tenants.
With regard to rent stabilized tenants, the automatic stay of
the retroactive rent abatement which resulted in the filing of this
petition is vacated upon issuance of this order and opinion. The
Commissioner notes that the owner's application for rent
restoration (Docket No. EF130074OR) has been granted by the
Administrator.
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
EF130103RO
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 $11.00
per month or immediately if any tenant vacates the apartment.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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