DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: EH230119RO
PETITIONER DOCKET NO.: DI230191OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 14, 1990, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on July
24, 1990, by the Rent Administrator, concerning the housing
accommodations known as 6914 Ridge Boulevard, Brooklyn, NY, various
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The owner commenced this proceeding on March 8, 1989, by filing a
major capital improvement (MCI) rent increase application
predicated on the installation of a boiler at a total cost of
A review of Division records disclosed that on August 18, 1989, the
Rent Administrator issued a rent reduction of $5.00 per room, per
month for rent controlled tenants and an order for restoration of
services for all rent stabilized tenants, under Docket No.
On September 21, 1989, the owner filed a PAR regarding the above
rent reduction and direction to restore service orders, under
Docket No. DI230355-RO, which was denied on September 23, 1991.
On July 24, 1990, the Rent Administrator issued the order here
under review, denying the owner's MCI rent increase application due
to the outstanding rent reduction order in effect under Docket No.
ADMIN. REVIEW DOCKET NO. EH230119RO
In this PAR, the owner requests reversal of the Rent
Administrator's order and alleges, in substance, that only the
tenants in rent controlled apartments were granted a rent reduction
order, therefore the rent reduction does not apply to the building
as a whole and the orders of rent reduction and direction of
restoration of services are not final since a decision on the PAR
filed relative to them has not yet been determined.
In response to the owner's petition, several tenants filed answers
contending, in substance, that there has been no heat in the
building on numerous occasions since the installation of the
boiler, no hot water in the building on numerous occasions since
the installation of the boiler, the tenants did not provide express
consent for the improvements, the halls and staircases are filthy,
the building is infested with roaches and bugs, the garbage area is
inadequate and unclean, the building entrance and sidewalk in front
of the building are filthy, the building steps are cracked, the
intercom system is unreliable and the outside of the building is
covered with graffiti and needs to be painted.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be denied.
Contrary to the owner's statement, the owner's PAR, Docket No.
DI230355-RO concerning the orders issued under Docket No. CK230026-
B, has been decided and was denied in an order and opinion of the
Commissioner issued on September 23, 1991. Moreover, the
Commissioner notes that a rent reduction order under Docket No.
AK230007-B, issued on June 22, 1987, remains outstanding against
the subject premises.
It is the established position of the DHCR, as reflected in Policy
Statement 90-8, that where there is an order in effect determining
a failure to maintain a building-wide service which resulted in a
rent reduction, such order will constitute a bar to obtaining an
MCI rent increase. A subsequent restoration of rent based on a
finding of service restoration will result in the prospective
elimination of this sanction. The Commissioner notes that no rent
restoration has been applied for by the owner.
This bar applies to the entire building, regardless of whether or
not all tenants were granted the reduction, as long as the
reduction was based on a failure to maintain services of a
building-wide nature, as it was in the present case.
THEREFORE, in accordance with the Rent Stabilization Law and Code
ADMIN. REVIEW DOCKET NO. EH230119RO
and the New York City Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the order of the Rent Administrator be, and the same hereby
JOSEPH A. D'AGOSTA