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.: EL630169RO
PARKCHESTER MANAGEMENT CORP. RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 17, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 7, 1990. The order concerned various
housing accommodations located at 1590 Unionport Road, Bronx, N.Y.
The Administrator granted in part the owner's application for rent
restoration 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
The owner commenced this proceeding on April 25, 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. BH610065B had been issued. The Commissioner notes that
the rents were ordered reduced based on findings of defective
vents; graffiti on stairwell walls of basement and mezzanine; and
peeling paint and plaster on Section "A" stairwell walls, basement
walls, and walls of mezzanine, second, third, fourth and fifth
floors. The Administrator also directed the owner to correct
certain other conditions for which a rent reduction was not
ordered, including peeling paint and plaster on the Section "B"
bulkhead walls. The Commissioner further 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 14, 1990. The
building was reinspected on October 30, 1990. The inspector
reported that the Section "B" bulkhead walls were not painted. The
inspector also reported that all other services had been restored.
The Administrator issued the order here under review on
December 7, 1990. With respect to rent controlled tenants the
Administrator granted the owner's application in part. Rent
restoration of $6.00 per month was ordered based on the inspector's
report. The Administrator advised the owner to refile for the
remaining $2.00 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 January 22, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted.
It is apparent from a review of the Administrator's order that
a rent reduction was not ordered for the condition regarding the
Section "B" bulkhead. It is also apparent that the owner restored
all services for which a rent reduction was ordered. Therefore,
the Commissioner is of the opinion that the order here under review
should have been granted in full. Rent restoration of $8.00 per
month should have been ordered for rent controlled tenants
effective January 1, 1991 and the rents of rent stabilized tenants
should have been fully restored effective November 1, 1989. The
Administrator's order is modified accordingly, and is affirmed as
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, affirmed as modified herein. Any rent controlled tenant
who owes arrears based on the Commissioner's determination may pay
off said arrears in installments of $2.00 per month. Any rent
stabilized tenant who owes arrears based on the Commissioner's
determination may pay off said arrears in twenty four (24) equal
monthly installments. Any tenant who vacates owes arrears
JOSEPH A. D'AGOSTA