FH 630265 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


          ----------------------------------X 
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.: FH 630265 RO  

            SHOMER MANAGEMENT/                    RENT ADMINISTRATOR'S
            Y.M. SINGER,                          DOCKET NO.: EH 630130-B

                                                  SUBJECT PREMISES:
                                                  2182 Barnes Avenue
                                PETITIONER        Bronx, New York 10462
          ----------------------------------X                           

             
              ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

           The above-named owner filed a timely Petition for Administrative 
           Review of an order issued on August 6, 1991 concerning the housing 
           accommodations relating to the above-described docket number.  

           The Commissioner has reviewed all the evidence in the record and has 
           carefully considered that portion of the record relevant to the 
           issues raised by the petition.

           Various tenants commenced the original proceeding below on August 
           31, 1990 by filing a complaint asserting that the owner had failed 
           to maintain elevator services in the building; and that the tenants 
           had to walk up and down the staircase of the six-story building.

           In its answer filed on September 21, 1990, the owner asserted in 
           substance that the elevators were temporarily out of service by an 
           "act of God" and "heavy rainfall"; and that "at this time, the 
           elevators are in working order."

           On October 22, 1990, a physical inspection of the subject building 
           was conducted by a DHCR staff member who reported that "the elevator 
           cab does not close properly"; and that the "elevator jerks when 
           going up".

           On January 16, 1991, another on-site inspection of the subject 
           building was conducted by a DHCR staff member who reported that "the 
           elevator cab doors are making noise when the door is closing on each 
           floor; that "the cab door does not close properly"; and that the 
           elevator jerks on each floor, the first, second, third, fourth, 
           fifth and sixth floors.


           On February 22, 1991, DHCR mailed to the owner the information that 
           the issue of the elevator under Docket No. EH 630130-B is still 










          FH 630265 RO


           pending.

           Based on the two inspection reports, the Administrator determined on 
           August 6, 1991 that "(t)he elevator jerks on each floor and makes 
           noises when closing," and directed the restoration of these services 
           and a reduction for both the stabilized and rents and the maximum 
           base rents of the tenants in this building.

           In this petition, the owner states in substance that the elevator 
           problem was due to "normal maintenance care," not warranting a rent 
           reduction.

           Various tenants answered the owner's petition, asserting that the 
           elevator was "out of service for one full month" before repairs were 
           performed; that repairs were made in an unworkmanlike manner; that 
           many tenants are elderly, sick and with heart ailments and could not 
           walk up and down six flights; that the tenants lost out on deliver 
           ies of furniture and groceries; that the tenants suffered a 
           disruption of their social life and cancellation of doctor's 
           appointments; that tenants with children were burdened walking the 
           stairways; that the elevator door not only jerks and bounces when it 
           stops, but is still out of service occasionally; that some tenants 
           had to move because of the mice infestation, the poor elevator 
           service and the muggings; that despite the repairs, the tenants 
           experience "still getting stuck in the elevator"; that the owner 
           provided not notice to the tenants as to repairs, further 
           inconveniencing the tenants.

           After careful consideration, the Commissioner is of the opinion that 
           this petition should be denied.

           Although the owner has characterized the cited condition as normal 
           maintenance, the record reveals that in this case, "normal mainten- 
           ance, the record reveals that in this case, "normal maintenance" did 
           not include prompt attention to the cited condition between the 
           dates of the two inspections conducted four months apart on October 
           22, 1990 and January 16, 1991.  In the opinion of the Commissioner, 
           an item of normal maintenance would have been corrected within this 
           time frame.

           In addition, the owner has submitted no evidence at all in the 
           proceedings below and in this petition to refute the tenants' 
           responses indicating their burdens and inconveniences due to the 
           owner's failure to maintain the elevator services and to repair in 
           a workmanlike manner.







           It is not disputed that as set forth above, the tenants suffered 




          FH 630265 RO


           tremendously because of the poor elevator service not only in the 
           proceeding below but in their numerous and detailed answers to the 
           owner's petition for administrative review.  This defective condi- 
           tion is not de minimus but a decreased service, warranting a rent 
           reduction, and a hazard to the health and safety of the tenants.


           THEREFORE, in accordance with the Rent Stabilization Law and Code, 
           and the Rent and Eviction Regulations, it is

           ORDERED, that this petition be, and the same hereby is, denied, and 
           that the Administrator's order be, and the same hereby is, affirmed.

           ISSUED:




                                                                         
                                           JOSEPH A. D'AGOSTA
                                           Acting Deputy Commissioner































    

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