ADM. REVIEW DOCKET NO.: FJ 630063 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.:
FJ 630063 RO
TWO MARION REALTY CO./ BY MICHAEL
SCHWARTZ, RENT ADMINISTRATOR'S
AGENT DOCKET NO.:
ED 630018 B
PETITIONER PREMISES: 2557 Marion Ave.
Bronx, NY
:
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND REMANDING PROCEEDING TO ADMINISTRATOR
On October 16, 1991, the above-named owner filed a timely
petition for administrative review of an order issued on September
16, 1991 concerning the housing accommodations relating to the
above-described docket number.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
This proceeding was commenced on April 4, 1990 when 34 tenants
of the 54 apartments in the building joined in filing a complaint
alleging a failure to maintain numerous building-wide services. The
complaint encompassed four separate two-sided complaint forms, some
of which were filled out on one side only.
The complaint was served on the law firm identified as the
owner by the tenants.
An answer to the complaint was received by the Division on May
3, 1990. The answer specifically addressed the allegations on two
of the four complaint forms, and advised the Administrator that the
owner is not represented by a law firm in this proceeding.
On February 20, 1991, the owner and tenants were asked by the
Administrator to submit additional information regarding the
security mirrors and lobby furniture that the tenants alleged had
been removed.
ADM. REVIEW DOCKET NO.: FJ 630063 RO
One tenant representative answered and stated that three
mirrors were removed in June 1988 and two tables, two chairs, and
two lamps were removed from the lobby in April 1989.
A physical inspection of the building on April 5, 1991
revealed that the public areas including the roof landing were
dirty and that there was no lobby furniture.
Based on this inspection the Administrator ordered a building-
wide rent reduction of a guideline for all rent stabilized tenants
who signed the complaint and $14.00 per month for all rent
controlled tenants in the building.
In the petition for administrative review, the owner asserts
that it had no prior notice of this proceeding, that the public
areas and roof landing are not dirty and even if they are this is
a matter of routine maintenance that does not warrant a rent cut,
that the lobby furniture formerly in the lobby belonged to the
adjacent doctor's office and was removed by the doctor when he
relocated, and that there were never three security mirrors but
only one decorative mirror, the removal of which does not warrant
a rent reduction.
One tenant answered the petition and stated that services had
not been restored.
After careful consideration of the entire evidence of record,
the Commissioner is of the opinion that this proceeding should be
remanded for further investigation.
From a careful examination of the record in this proceeding,
it is not certain that the owner had notice of the portion of the
tenants' complaint regarding the lobby furniture and safety
mirrors. These items appear on a separate complaint form that it
not signed or dated and consists only of Side Two of the form.
Since the owner's answer specifically addressed each and every
listed item on Sides One and Two of two other complaint forms, it
is probable that the additional sheets were not sent to the owner.
Because of the uncertainties involved, the Commissioner deems it
appropriate to remand this proceeding to the Administrator for
service of the complete complaint on the owner. All submissions by
both parties regarding the security mirrors and lobby furniture
should be served on the opposing side with adequate opportunity for
response. If necessary, a hearing should be held to resolve any
factual disputes as to what lobby amenities were provided by the
owner (not a third party) on the applicable base date. Pending
redetermination of this issue by the Administrator, the lobby
ADM. REVIEW DOCKET NO.: FJ 630063 RO
furniture and security mirrors are deleted as bases for the rent
reduction and the $9.00 per month rent reduction for rent
controlled tenants for these items is revoked. If it is determined
on remand that these are required services, a new rent reduction
will be ordered effective the first of the month following service
of the complaint on the owner.
The other aspect of the Administrator's order, regarding dirty
public areas including the roof landing is affirmed and the rent
reductions for this item remains in effect.
The tenants complained of filthy hallways and staircases and
the roof landing being strewn with excrement, eating utensils, and
drug paraphernalia. Although the owner responded that the public
areas are cleaned by building personnel and the top landings are
inspected daily, the inspection revealed public areas in need of
sweeping and mopping. Section 2523.4 of the Rent Stabilization
Code requires DHCR to reduce the rent, upon application by tenants,
where it is found that the owner has failed to maintain required
services. Similarly, Section 2202.16 of the Rent and Eviction
Regulations authorizes a rent reduction in an amount determined by
the discretion of the Administrator based on a finding of failure
to maintain essential services.
Required or essential services are defined by Sections
2520.6(r) and 2200.3(b) to include repairs, maintenance, janitorial
services and removal of refuse. Based on the inspector's
verification of this portion of the tenants' complaint, the rent
reduction ordered by the Administrator was warranted.
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 granted
in part to the extent of revoking the portion of the order reducing
rents for lobby furniture and security mirrors and remanding the
proceeding to the Administrator for further investigation of
whether these items are required to be provided. All other aspects
of the Administrator's order are affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
