ADM. REVIEW DOCKET NO.: FC - 630058-RO
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.:
FC - 630058 - RO
:
RENT ADMINISTRATOR'S
DOCKET NOS.:
EK - 630009 - OR
(DH - 630118 - B)
BEACH REALTY ASSOCIATES
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 6, 1991, the above-named petitioner-owner filed a
petition for administrative review of an order issued on February
11, 1991, by the Rent Administrator, concerning the housing
accommodation known as 1478 Beach Avenue, Bronx, New York, various
apartments, wherein the Administrator determined that the owner had
partially corrected the conditions upon which the reduction order
was issued and partially granted the owner's application for a
restoration of rent. In the orders relating to rent-controlled
tenants, the maximum/legal regulated rent was restored in the
amount of $11.00 per month, plus all lawful increases granted
subsequent to the order reducing rent. The Rent Administrator
further determined that no rent restoration was warranted for rent-
stabilized tenants. The Rent Administrator's determination was
based on an inspection held on December 18, 1990, which showed that
the owner had completed various repairs but had not repaired the
vestibule door buzzer and release mechanism.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
issued the appealed order which partially granted the owner's
application for a restoration of rent.
ADM. REVIEW DOCKET NO.: FC - 630058-RO
On appeal, the petitioner-owner essentially claimed that the
Rent Administrator erred by denying it a full restoration of rent
because it had repaired the vestibule door buzzer and release
mechanism nine times between December 23, 1988 and December 28,
1990 and that the mechanism is subject to constant vandalism. The
owner submitted the same evidence that had been submitted to the
Administrator on January 17, 1991.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The owner filed an application to restore the rent of various
rent regulated apartments in the subject premises on October 24,
1990, certifying that all repairs which were the subject of the
Rent Administrator's reduction order had been restored.
On December 18, 1990, a staff member conducted an inspection
which showed that all repairs had been made with the exception of
the vestibule-door buzzer and release mechanism. The results of
the inspection were sent to the owner on January 3, 1991 with
instructions to submit evidence that the condition has been
repaired.
In a response dated January 17, 1991, the owner submitted
invoices showing repairs to the door lock release mechanism several
times between December 23, 1988 and December 28, 1990. Since none
of the evidence of repairs postdated the January 3, 1991 notice to
the owner describing the condition reported by the inspector, the
rent restoration application was denied.
The Commissioner notes that the evidence submitted by the
owner on appeal does not conclusively show that the deficiency
noted on the inspector's report was completed in a workmanlike
manner at any time before the issuance of the Rent Administrator's
order, on February 11, 1991.
The invoice from Moses Communications, Inc., dated December
28, 1990, established that some work was done, but it does not show
that both the buzzer and release mechanism were restored.
Accordingly, the Commissioner finds that the Rent
Administrator properly issued the appealed order, which partially
granted the owner's application for a restoration of rent.
Furthermore, a review of the Division's records reveals that,
on September 26, 1991, in Docket No. FA 630067 - OR, the Rent
ADM. REVIEW DOCKET NO.: FC - 630058-RO
Administrator issued a full restoration of rent effective March 1,
1991 for Rent Stabilized apartments and a restoration of rent in
the amount of $6.00 per month, effective October 1, 1991 plus all
lawful increases granted subsequent to the order reducing rent for
Rent Controlled apartments in the subject building.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City and the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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