FL 630136-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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FL 630136 RO
RESIDENTIAL MANAGEMENT INC.
DIROT MANAGEMENT CORP. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EA 630105 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 26, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued December 11, 1991. The order concerned
housing accommodations located at 2261 Andrews Ave, Bronx, N.Y.
The Administrator order a rent reduction for failure to maintain
required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced when eleven (11) tenants
joined in the filing of a Statement of Complaint of Decrease in
Building-Wide Services on January 11, 1990 wherein the following
services deficiencies were alleged:
1. Defective hall entrance door lock
2. Entrance lights not functioning
3. Unclean public halls
4. Defective intercom system
5, Mailbox cage lock broken
6. Roof door unlocked
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response on
March 7, 1990 and stated that:
1. Hallway entrance door constantly repaired due to
vandalism
2. Entrance lights also subject to vandalism, but
also repaired
3. Halls swept three times per week
4. Intercoms repaired
5 Mailbox cage lock fixed
6. Vandalism is cause of roof door problem but
new lock installed
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on May 6, 1991
and revealed the following:
1. Defective vestibule door lock
The following services were found to have been maintained:
1. Exterior lights operative
2. Public areas clean
3. Roof door locks and equipped with operative alarm
The Administrator noted that, due to the intercom panel being
located at the vestibule door, the building entrance door is not
required to be locked.
On May 15, 1991 the Administrator sent a notice to the
owner. The notice apprised it of the results of the inspection
and afforded the owner 21 days to correct the condition reported
above and notify the agency thereof. The owner's response was
received on May 24, 1991 wherein it stated that the door had been
repaired. The owner failed to submit any documentation to
substantiate this claim. The Administrator ordered a second
inspection of the building. The inspection was held on June 25,
1991 and revealed that the vestibule door was still not locked.
The Administrator issued the order here under review on
December 11, 1991 and ordered a rent reduction of one guideline
increase effective April 1, 1990. The Commissioner notes that
the owner has filed for rent restoration. The application is
pending with the Division
On appeal the owner essentially restates its contention that
frequent attempts to repair the door have been made. However, the
owner states that vandalism causes the door to be frequently
broken. The owner claims it has gone so far as to install a new
door but that all it can do is make repairs as needed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
Section 2523.4 of the Rent Stabilization Code requires the
Division to order a rent reduction upon application by the
tenant, based upon a finding that the owner has failed to
maintain required services. Required services are defined by
Section 2520.6 (r) to include repairs and maintenance. There is
no authority in the Rent Stabilization Law or Code for excusing
an owner from the obligation to maintain required services when
the defective condition is caused by repeated acts of vandalism.
(Accord: ARL 03088 B).
In the instant case, the tenants complained that the
building entrance door had not been locked for two years and the
physical inspections by DHCR several months apart confirmed that
the locking mechanism was defective, compromising the security of
the building entrance. For this condition, the rent reduction
ordered by the Administrator is warranted. If the lock is
repeatedly broken by vandals, the owner is advised to check the
lock more frequently and make repairs as needed, investigate the
installation of a more tamper-proof locking mechanism, and pursue
other legal remedies against the persons responsible for the
vandalism including criminal prosecution as necessary and
appropriate. The order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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