EL 430202 RT
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.: EL 430202 RT
RICHARD MACSHERRY DISTRICT RENT
CHRISTIAN SPILSBURY ADMINISTRATOR'S DOCKET
NO.: EG 430152 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 18, 1990 the above named petitioner-tenants
filed a Petition for Administrative Review against an order of
the Rent Administrator issued December 4, 1990. The order
concerned housing accommodations located at 97 Fifth Avenue, New
York, N.Y. wherein the Administrator ordered a building-wide rent
reduction for failure to maintain required or essential services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenants commenced this proceeding by filing a Statement
of Complaint of Decrease in Building-Wide Services on July 22,
1990. They alleged the following services deficiencies:
1. Newspapers not removed from trash room creating
fire hazard
2. Tiles in Apt. 4A bathroom never regrouted
3. Mice in building
4. No smoke alarms in apartments
5. Asbestos in basement
6. Third floor stairwell door locked from hallway
preventing exit in case of fire
7. Garbage frequently left in elevator for several
hours
8. Lack of mail delivery due to piles of garbage in
lobby
9. Broken front entry door
10. Entrance to building unlit for several months
11. Ceramic tiles on walls and floor of front lobby
broken and crumbling
12. Elevator cab knocks into shaft walls; inspection
information not posted; elevator cab has tiles
missing and interior walls are broken and graffiti-
covered
13. Eighth floor tiles loose and detached
14. Hallways in need of painting
15. Washing machine at top of stairwell inoperative;
light fixture in laundry room broken
The tenants also complained that trash was left on the roof, that
water was standing in crevices where the roof tar had buckled,
that the basement floods after it rains sending sewage into
apartment tubs and sink drains, that the mail boxes do not close
properly and that the intercom system is faulty.
The complaint was served on the owner and an opportunity was
afforded to reply thereto.
The owner submitted a reply on August 14, 1990 and stated
the following:
1. Newspapers removed from trash rooms on days
announced to tenants
2. Tiles in bathroom of Apt. 4A will be regrouted
when tenant makes appointment
3. Exterminator available to deal with infestation
assuming access given by tenants
4. Smoke alarms available for installation if tenants
contact superintendent
5. Owner unaware of asbestos in basement; basement
rented to restaurant
6. Third floor stairwell exit working properly
7. Elevators and hallways cleaned on regular basis
8. Front door lock repaired
9. Elevator maintained by service company
10. Washing machines repaired
11. Sewage back-up caused by problem with restaurant.
Problem has been corrected
12. Light bulbs replaced when they burn out
13. Mail boxes operate properly
14. Intercom working properly
15. Hole in eighth floor ceiling repaired. Hallway
scheduled to be painted.
On August 21, 1990 the Administrator sent the tenants a
Request for Additional Information regarding the following:
1. The unlocked trash room on the eighth floor
2. The stairwell door constantly open to the lobby
3. The door to the elevator penthouse, which the
tenants stated was propped open
4. Problems referred to on other floors to which the
tenants who prepared the complaint said they do
not have access.
On September 8, 1990 the tenants responded as follows:
1. The trash room door was repaired and everyone on
the floor now has a key
2. The stairwell door in question is inside the lobby
vestibule, near the elevator. There is a locked
door to the street but that door is often broken
and access can be gained to the building
3. All tenants have access to the roof. The elevator
gear mechanism is accessible to the public posing
a hazard. The door to the elevator mechanism
should be secured.
4. The elevator requires a separate key for each
floor; everyone in the building has a key to the
eighth floor providing access to the laundry room
and roof; the superintendent has a master key to
the elevator; the doors to the interior stairwell
(fire exit) are locked
The Administrator ordered a physical inspection of the
building. The inspection was conducted on November 8, 1990 and
revealed the following:
1. Accumulation of newspapers throughout trash room
2. Large holes in ceilings with exposed pipes and
peeling paint and plaster on fourth, seventh and
eighth floors in and near trash rooms
3. Defective roof--tar paper has cracks, holes and
air bubbles
4. Dirty roof area
5. Public area walls dirty
6. Loose detached floor tile on eighth floor
7. Fire exit stairwells dirty throughout building
8. Elevator shaft bulkhead room unlocked and contains
flammable materials; walls and ceiling cracked
with peeling paint and plaster; skylight glass
broken
9. Ceramic tiles in north wall of lobby and in
vestibule and lobby floors broken, cracked and
crumbling
10. Dirty laundry room
11. Rodent infestation in public areas, including
laundry
12. Evidence of flooding and sewage back-up in
basement
13. Entrance door glass dirty
The following services were found to have been maintained:
1. Safety exit at third floor stairwell unlocked
2. No garbage in elevator
3. No sound of scraping metal in elevator; elevator
stops on all floors
4. No accumulation of garbage in lobby area
5. Entrance and vestibule door locks operative
6. Public area windows clean
7. Washing machine and dryer operative
8. Light fixture in laundry room operative
The Administrator advised the tenants to refer any issues
regarding defective exterior lights to the New York City
Department of Code Enforcement. With regard to complaints about
mailboxes and intercoms, the Administrator directed the tenants
to file individual apartment complaints.
On appeal, the tenants state that certain items set forth in
the Administrator's order were incomplete. Specifically, the
petitioner's state that the elevator cab knocks into the walls of
the shaft, that there is no inspection information posted in the
elevator, that elevator floor tiles are broken and missing, that
the interior walls of the elevator cab are scratched and marked
with graffiti, that the elevator trap door is disintegrating,
that there is a problem with the entrance door lock in that it
does not engage, and that the inspector's report did not deal
with the issue of broken and missing floor tiles in the entrance
and lobby.
The owner filed a response on January 16, 199l wherein it
stated that the elevator cab was working properly and was in the
process of being renovated. The owner claimed that the graffiti
was placed there by the tenants. With regard to the door, the
owner stated that it locked properly.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
With regard to the issues of the door and entrance and lobby
tiles, the Commissioner finds that the inspector's report was
dispositive of the tenants' complaints. The inspector reported
that ceramic tiles in the vestibule floor and lobby area are
broken, cracked and crumbling. The inspector also reported that
the building entrance doors were closed but not locked at the
time of inspection and that the door was not equipped with a
lock. Additionally, the inspector noted that the vestibule was
both closed and locked at the time of the inspection. The
Commissioner finds that the Administrator correctly made findings
in the order here under review which were consistent with the
above report.
With regard to the issue of the elevator, the Commissioner,
after a careful review of the record, found that there was not
sufficient detail regarding the tenant's complaints. Accordingly,
an additional inspection was ordered on March 23, 1992. The
inspector reported the following:
1. Inspection record posted in elevator
2. Elevator floor tiles repaired
3. No evidence of scratches or graffiti on elevator
walls
4. Elevator ceiling trap properly installed.
Based on the above report, the Commissioner is of the opinion
that the order here under review should be affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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