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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.: EL630014RO
RENT
PARKCHESTER MANAGEMENT CO. ADMINISTRATOR'S DOCKET
NO.: DE630220OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING RENT ADMINISTRATOR'S ORDER
On December 7, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 19, 1990. The order concerned various
housing accommodations located at 1585 Unionport Road, Bronx, N.Y.
The Administrator granted in part the owner's application for rent
restoration for rent controlled tenants and denied the application
for 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 March 28, 1990 by
filing a rent restoration application wherein it alleged that it
had restored services for which a rent reduction order bearing
Docket No. BH610105B had been issued. The tenants were served with
a copy 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 14, 1990. The
building was reinspected on October 26, 1990. The inspector
reported that the first floor door closed properly and the hinges
were not found to be loose. The inspector also reported, however,
that the elevator floor indicators on the 6th, 7th and 8th floors
did not display the correct floor number.
The Administrator issued the order here under review on
November 19, 1990. Rent restoration of $2.00 per month was granted
for the rent controlled tenants. The Administrator advised the
owner to refile for the remaining $2.00 when it had corrected the
condition regarding the elevator. The application was denied with
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respect to rent stabilized tenants
On appeal the owner, through counsel, states that the service
found not to have been maintained is one requiring normal and
routine maintenance which is promptly attended to when conditions
reoccur. The petition was served on the tenants on March 14, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and that the order here under review should be affirmed as
modified.
The Commissioner acknowledges that enforcement of applicable
standards regarding elevator operation and safety is under the
jurisdiction of the New York City Department of Buildings, which
has long established, comprehensive procedures and inspection
programs in place. The staff engaged in carrying out these
programs has the necessary technical expertise to conduct periodic
inspections; to interpret and apply relevant codes, regulations and
industry standards and to issue violations. Further, in view of
the City's greater experience with the issue of elevator
enforcement, the City is in a better position than the DHCR to
determine appropriate performance standards and ancillary equipment
for elevators of varying age and manufacture.
The Commissioner notes that a search of the Department of
Building records has revealed that no violations regarding elevator
operation were issued while the application was pending before the
Rent Administrator. Therefore, the Commissioner finds that
sufficient evidence does not exist to support the Administrator's
finding regarding the elevator. The finding must therefore be
revoked. The order here under review is modified to grant in full
the owner's application for rent restoration for all applicable
rent regulated tenants of the subject building. Rent restoration
for rent controlled tenants in the amount of $4.00 per month is
ordered effective December 1, 1990. Rent restoration for rent
stabilized tenants shall be effective as of September 1, 1989.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations for New York City it is
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ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, affirmed as modified herein. With regard to rent
controlled tenants, any arrears due and owing the owner based on
the Commissioner's determination herein may be paid off in
installments of $2.00 per month. With regard to rent stabilized
tenants, any arrears due and owing the owner may be paid off in
twelve (12) equal monthly installments. Should any tenant vacate
the apartment or have previously vacated, the arrears are due and
payable immediately.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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