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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.: FH 630265 RO
SHOMER MANAGEMENT/ RENT ADMINISTRATOR'S
Y.M. SINGER, DOCKET NO.: EH 630130-B
2182 Barnes Avenue
PETITIONER Bronx, New York 10462
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
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
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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
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
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
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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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner