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
APPEALS OF DOCKET NO.:
FG 130299-RT
VARIOUS TENANTS OF
42-15 43RD AVENUE RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER EK 130045-B
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING RENT ADMINISTRATOR'S ORDER
On July 23, 1991, various tenants of the subject building filed a
petition for administrative review of an order issued on June 24,
1991, by a Rent Administrator concerning the building known as 42-
15 43rd Avenue, Sunnyside, New York wherein the tenants' rent
reduction application was denied and the owner directed to
restore service based on a finding that the building is operated
by a court appointed receiver.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
On November 16, 1990 the subject tenants filed an application for
rent reductions based on the owner's alleged failure to maintain
services alleging that an elevator in the building was
"chronically out of order".
The owner interposed an answer to the tenants' complaint wherein
it submitted evidence that the property was being operated by a
court appointed receiver.
On January 25, 1991 a physical inspection of the subject building
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that one elevator
was out of order.
In their petition for administrative review the tenants request
reversal of the Rent Administrator's order alleging that there
exists no legal basis for denying the tenants' application for
rent reductions.
After careful consideration the Commissioner is of the opinion
that this petition should be granted and the Rent Administrator's
order should be modified to order a rent reduction.
The Commissioner finds that there is no basis for excusing a
court appointed receiver from a rent reduction that is otherwise
warranted.
The Rent Stabilization Code [Section 2520.6(i)] defines an owner
as
"A fee owner, lessor, sublessor, assignee, net
lessee or a proprietary lessee . . . or any
other person or entity receiving or entitled
to receive rent for the use or occupation at
any housing accommodation . . . "
As an entity entitled to receive rent, a Court appointed receiver
is within the definition of an owner.
Section 2523.4 of the Code provides for a rent reduction, upon
application by a tenant, based on a finding that the owner has
failed to maintain required services. Required services are
defined in Section 2520.6(r) to include elevator services. The
physical inspection in this case confirmed that the elevator was
out of order and the tenants requested a rent reduction in their
complaint. Accordingly, the Administrator erred in not ordering
a rent reduction. The rent is hereby reduced for all tenants
whose name appears on the Appendix A attached hereto to the level
in effect prior to the last rent guideline increase which
commenced before the effective date of this rent reduction. The
effective date is December 1, 1990, the first rent payment day
after DHCR informed the owner of the tenants' complaint.
Similarly, the Rent and Eviction Regulations [Section 2200.2(h)]
define a landlord as an;
"owner, lessor, sublessor, assignee
or other person receiving or entitled to
receive rent for the use and occupancy of
any housing accommodation . . .",
a definition that would encompass a receiver.
Section 2202.16 of the regulations authorizes a rent reduction
based on a finding that there has been a decrease in essential
services which are defined in Section 2200.3(b) to include
elevator service. Accordingly, for all rent controlled tenants in
the building (Appendix B) as well the maximum legal rent is
hereby reduced by 13% of the maximum collectible rent per month
effective August 1, 1991, the first rent payment day following
the issue date of the Administrator's order.
The owner/landlord is directed to refund to the tenants all
amounts collected in excess of the reduced rent, since the
effective dates of the rent reductions. If the owner/landlord
fails to make a refund within thirty (30) days of this order, the
tenant is authorized to deduct the amount from future rent(s)
until the total amount has been refunded. No rent increase may
be collected after the effective dates of this order until the
DHCR issues an order restoring rents.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and 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 be, and the same hereby
is, modified to order the rent reductions provided herein.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
APPENDIX A
(Stabilized Tenants)
Tenant Apt. Tenant Apt.
C. Xenias C-18 J. Leonard A-11
R. Lynch F-8 O. Melichian B-26
M. Sesin 1-A M. J. Herman D-9
B. Britz F-21 J. Behr F-10
J. Hawkins C-14 J. Cardenas E-8
M. Khanuis B-2 S. Josefsberg E-19
I. Khanuis E-27 R. Gillette F-18
E. Przyziaznuik B-15 W. Verbesky C-5
R. Sanz A-9 K. Katona D-23
R. Oliver F-10 S. Matosian E-23
H. Kramer B-27 V. Apelian E-18
S. McCormack B-4 C. Rendon E-21
J. Prelorentzos B-25 A. M. Kenney C-16
A. Reyes E-11 J. Mera F-25
E. Gismero F-7 A. Gismero E-5
APPENDIX B
(Rent Controlled Tenants)
Tenant Apt. Tenant Apt.
E. Cadavid A-2 M. Morton D-7
A. Torrice A-4 P. Rosenfield D-8
E. & P. Farkas A-5 J. Tarnoff E-1
P. Levitz A-7 L. Zwiegenbaum E-2
W. Quensel A-8 S. Handelman E-3
E. DanK B-3 B. Pekor E-4
G. Harmon B-7 B. Herrman E-9
L. Navarro B-8 M. Tancsik F-1
H. Stoffman B-9 E. Culkin F-2
A. Morales C-1 L. Klein F-3
H. Danielowitz C-2 W. Rowe F-4
A. Nastasi C-4 M. Lyons F-5
A. Mulligan C-7 G. Stauder F-6
R. Domroe C-8 S. Wolf F-9
R. Zarvos D-2 B. Aufang A-15
S. Levine D-5 T. Gougounis A-18
J. Strenger A-19 S. Nager A-20
M. Weiss A-22 R. Katz A-23
A. Ganzekaufer B-11 H. Humphreys B-14
H. Glass B-16
(Cont.d)
APPENDIX B - (Cont'd.)
(Rent Controlled Tenants)
Tenant Apt. Tenant Apt.
F. Adler B-17 M. Kombourakis D-22
C. Barker B-18 E. Klemens D-27
W. J. Vince B-19 A. Futterman E-10
R. Chaus B-21 D. Bales E-11
I. O'Neill B-23 M. Gabel E-12
P. Komarowsky B-24 H. Pototsky E-15
T. Andonopoulis C-10 J. Rolnitsky E-17
J. Scalia C-12 S. Josefsberg E-19
R. Chrisomalis C-15 S.Torossian E-20
M. Hamberg C-17 R. Quittel E-24
L. Frankel C-22 C. Mecchella E-26
H. Berns C-23 M. Smallwood F-11
J. Greenberg C-26 P. Nestor F-12
M. Schneider C-27 S. Vidor F-16
J. Rosenmerkel D-10 I. Rodgers F-20
H. Meltzer D-12 J. Brozdavicz F-22
E. Rothstein D-14 D. Shulman F-23
M. Rosenzweiz D-17 H. Condos F-26
L. Zahler D-19 T. Heatherton F-27
O. Gross D-21
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