FF530030RO, SJR 7196
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FF530030RO
Stellar Management Co., Inc.,
RENT ADMINISTRATOR'S
DOCKET NO.:
EL530002OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 6, 1991, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on May 29, 1991,
by the Rent Administrator, concerning the housing accommodations
known as 120 Vermilyea Avenue, New York, N.Y., various apartments,
wherein the Administrator denied the owner's application for rent
restoration, based upon an inspection of the premises, on March 19,
1991, which disclosed that the owner failed to maintain the
courtyard lawn.
Subsequent thereto, the petitioner filed a petition in the Supreme
Court pursuant to Article 78 of the Civil Practice Law and Rules
deeming its petition denied. Subsequent thereto, the parties
stipulated and the court directed that the Division was to issue an
order in this proceeding within thirty-five (35) days of November
19, 1993.
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 denied
the owner's application for rent restoration.
On September 27, 1990, the owner filed an application to restore
rent, alleging that the courtyard lawn was being maintained in that
it had been seeded and bushes had been planted.
FF530030RO, SJR 7196
Two tenants filed answers to the application alleging that not all
maintenance has been completed, as alleged by the owner in its
present application for restoration. The gravamen of these answers
are that although the owner may have properly seeded the lawn and
planted bushes -- other problems such as drainage and fencing
problems were not addressed.
A DHCR inspection conducted on March 19, 1991, revealed that the
courtyard lawn is not being properly maintained in that "some areas
of the courtyard lawn were missing green, so it was not properly
maintained."
On appeal, the petitioner-owner asserted, in pertinent part, that
the courtyard is beautifully maintained and that bushes and plants
have been planted all over the courtyard.
The petition was served on the tenants on June 28, 1991, and in
July, 1991, the tenants of apartments A-21, A-32, and A-41 filed
answers to the petition stating that the courtyard is not being
properly maintained, in that the drainage is poor, the cement is
cracked, and the fence is defective.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be granted.
The Commissioner notes that the owner was previously granted
partial rent restoration, amounting to $6.00 per month, for
restoration of the basement steps and courtyard walk, under Docket
No. DK530054OR and that it filed another application for the
balance ($3.00 per month) for maintenance of the courtyard lawn in
the instant proceeding. The original rent reduction order reduced
the rents by $9.00 per month.
The subject application for rent restoration was filed by the owner
in which it certified that the courtyard lawn was being maintained
in all respects.
The record reveals that the Rent Administrator denied the owner's
present application putting full reliance on the inspector's report
of March 19, 1991, which showed that "some areas of the courtyard
lawn were missing green..."
The Commissioner finds, however, that this is a meager and
insufficient predicate for denial of the owner's restoration
application.
It is also noted, parenthetically, that only two tenants filed
answers below concerning the lawn and one of them acknowledged that
FF530030RO, SJR 7196
the courtyard lawn was seeded and that the bushes were planted.
Other complaints about the courtyard were presented by these
tenants, but they were not the subject of the rent reduction order.
(On appeal only three tenants answered and none addressed the
condition of the lawn.)
Accordingly, the Commissioner finds that the owner restored
courtyard lawn maintenance services and is entitled to full
restoration of rent in the amount of $3.00 per month for all rents
that were reduced in Docket No. BE530019B effective the first rent
payment day following May 29, 1991, the issuance date of the
appealed order plus all lawful rent increases granted subsequent
thereto.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, granted and
that the Rent Administrator's order issued on May 29, 1991, under
Docket Number EL530002OR be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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