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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.: EL630012RO
PARKCHESTER MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: DE610061OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 5, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 27, 1990. The order concerned various
housing accommodations located at 1925 McGraw Ave., Bronx, N.Y.
The Administrator granted the owner's rent restoration application
in part with regard to rent controlled tenants and denied the
application with regard to rent stabilized tenants.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on May 10, 1989 by filing
an Application for Rent Restoration wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. BH610098B had been issued. The Commissioner notes that the
rent was reduced based on findings of defective vents, basement
walls peeling paint and plaster , wet basement floor and basement
in need of cleaning. The Commissioner notes that the issue of the
defective vents is no longer an active issue in this proceeding.
The tenants were served with copies of the application and
afforded an opportunity to respond. The Administrator ordered a
physical inspection of the subject building. The inspection was
conducted on May 24, 1990. The building was reinspected on October
24, 1990. The inspector reported that there was evidence of peeling
paint on the basement walls. All other services were found to have
been maintained.
The Administrator issued the order here under review on
November 27, 1990. Rent restoration of $3.00 per month was ordered
for rent controlled tenants. The owner was given leave to refile
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for the remaining $1.00 per month when services were fully
restored. The application was denied with regard to rent
stabilized tenants.
On appeal the owner, as represented by counsel, states that
the service reported as not being maintained is one requiring
normal maintenance, is promptly attended to and is of a recurring
nature. The owner further states that the work has been completed
but simply recurs and is done again and that the conditions cited
in the rent reduction and rent restoration orders are at different
physical locations. The petition was served on the tenants on
December 18, 1990.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that although the owner has
characterized the cited condition as normal maintenance and
something which is "promptly attended to" but recurs, the record
reveals that "normal maintenance" did not, in this case, include
prompt attention to the cited condition between the dates of the
inspections, which were several months apart. In the opinion of
the Commissioner, an item of normal maintenance would have been
corrected within this time span and, if corrected properly, would
not have reappeared. The Commissioner further notes that the
original rent reduction order and the corresponding inspection
reports in the restoration proceedings cite the same defective
condition at the identical location.
The Commissioner notes that while the owner questions the
findings of fact, the record clearly reflects those findings by
virtue of the DHCR inspections described above. Accordingly, the
Commissioner finds that the Administrator properly determined that
the owner had failed to restore all services based on the evidence
of record, including the results of the on-site physical
inspections of the subject premises. The Administrator correctly
denied the rent restoration application.
The Commissioner notes that the rent reduction proceeding has
been remanded to the Administrator for further processing wherein
the issue of whether a rent reduction was warranted is being
reexamined. If the orders are revoked pursuant to the remand, the
rents will be restored as of the original effective date of the
reduction. If the orders are affirmed without modification, the
owner's rights to restoration of the rents based on applications
previously or subsequently filed or pending will not be affected.
If the orders are amended, the owner may have to file new
applications to restore based on the restoration of services cited
in the modified rent reduction orders.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
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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
Deputy Commissioner
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