STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EL630083RO
PARKCHESTER MANAGEMENT CORP. RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 10, 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 1920 McGraw Ave, Bronx, N.Y. The
Administrator granted in part the owner's application for rent
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on March 28, 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. BH610109B had been issued. The Commissioner notes that
the rents were ordered reduced based on findings of defective
vents, peeling paint on bottom part of basement wall, waterstained
Section "A" stairwell wall, waterstained Section "B" stairwell
walls and floors and graffiti on seventh floor stairwell walls.
The Administrator also cautioned the owner to paint the Section "B"
stairwell ceilings but did not order a rent reduction for this
condition. The Commissioner further notes that the issue of
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 31, 1990. The
building was reinspected on October 25, 1990. The inspector
reported that there was evidence of peeling paint and plaster on
the bulkhead wall of Section "B". The inspector also reported that
all other services had been restored.
The Administrator issued the order here under review on
November 19, 1990. With respect to rent controlled tenants the
Administrator granted the owner's application in part. Rent
restoration of $3.00 per month was ordered based on the inspector's
report. The Administrator advised the owner to refile for the
remaining $1.00 per month when services were fully restored. The
application was denied with respect to rent stabilized tenants.
On appeal the owner, 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. The petition was served on the
tenants on February 4, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted.
The Commissioner notes that the Administrator did not order a
rent reduction for the condition regarding the Section "B" bulkhead
wall. The fact that the Administrator cautioned the owner to paint
the stairwell ceilings should not have compelled the Administrator
to deny complete rent restoration in this proceeding. The
Commissioner's review of the record reveals that the owner has
restored all services.
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, and that the Rent Administrator's order be, and the same
hereby is, modified to grant the owner's petition. Rent
restoration for rent stabilized tenants shall be effective July 1,
1989 and the maximum/legal regulated rents are hereby restored to
the levels in effect prior to the rent reduction plus subsequent
lawful increases. Any rent controlled tenant who owes arrears may
pay off said arrears in installments of $1.00 per month. Any rent
stabilized tenants who owe arrears may pay off said arrears in
twelve (12) equal monthly installments. Any tenant who vacates the
apartment or who has previously vacated owes arrears immediately.
JOSEPH A. D'AGOSTA