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.: EL630185RO
PARKCHESTER MANAGEMENT CORP. RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 12, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 5, 1990. The order concerned various
housing accommodations located at 1580 Metropolitan Ave, 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 March 21, 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. BH610090B had been issued. The Commissioner notes that
the rents were ordered reduced based on findings of defective
vents; stairwell steps of Sections "A" and "B" and basement in need
of cleaning; garbage odors emanating from basement; basement damp
and wet; and graffiti on stairway walls of first floor "A" line and
main floor of "B" line. 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 25, 1990. The
building was reinspected on October 26, 1990. The inspector
reported that there was evidence of peeling paint and plaster on
the basement walls. The inspector also reported that all other
services had been restored.
The Administrator issued the order here under review on
November 21, 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 $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 24, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted.
The Commissioner's review of the rent reduction order issued
in Docket No. BH610090B reveals that the Administrator never
ordered a rent reduction based on a finding of peeling paint and
plaster in the basement. The owner was never on notice to correct
this condition. Since the Administrator found that all other
services had been restored, the rent restoration application should
have been granted in full for rent controlled and rent stabilized
tenants. With regard to rent controlled tenants, the rents are
restored in the amount of $5.00 per month plus all lawful increases
granted subsequent to the order reducing rent. the restoration
shall be effective January 1, 1991. With regard to rent stabilized
tenants the rents are hereby restored to the levels in effect prior
to the rent reduction plus subsequent lawful increases effective
April 1, 1989.
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. If any rent controlled
tenant owes arrears based on the Commissioner's decision herein,
the arrears shall be paid off in installments of $2.00 per month.
Any rent stabilized tenant who owes arrears may pay off the arrears
in twenty four (24) equal monthly installments. Any tenant who
vacates owes arrears immediately.
JOSEPH A. D'AGOSTA