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. FC830140RO
: DISTRICT ADMINISTRATOR'S
THE ROBERT THOMAS CO. DOCKET NO. YEF910006B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative review of
an order issued concerning the housing accommodations known as 808-840
Bronx River Road, Yonkers, New York.
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.
The tenants commenced this proceeding by filing a complaint asserting that
the owner had failed to maintain certain services in the subject premises,
specifically that there were various defects in the elevators and in other
The owner answered the tenants' complaint, alleging that there were no
defects as stated by the tenants and that an inquiry of Yonkers inspectors
would bear out the owner in that claim.
The Administrator issued an Order reducing rent and directing a
restoration of services.
The owner filed this petition for administrative review, stating that
services have been restored and that the owner "has submitted the details
of its actions and procedures to maintain service to the District Rent
Administrator and the City of Yonkers."
In response to this petition the tenants' representative submitted a copy
of a 5 page January 31, 1991 City of Yonkers "Notice of Continuing
Violation" showing outstanding violations based on January 4, 1991 and
January 23, 1991 inspections.
The Commissioner is of the opinion that this petition should be denied.
DOCKET NO.: FC830140RO
An examination of the record reveals that the owner did submit a detailed
schedule of repairs to the Administrator, in response to the
Administrator's request for such a schedule. However, on October 10, 1990
the Administrator served a Final Notice on the owner, requesting a
schedule for curing the violations and advising the owner that failure to
submit such a schedule would result in a decision based on the then-
present record. In reply, on October 16, 1990, the owner merely stated it
had hired a contractor who would remove the violations, "one by one." On
November 8, 1990 the owner was notified that its response was inadequate
and was asked for a schedule with dates for the completion of the curing
of each violation. In a response dated November 27, 1990 the owner again
failed to submit the requested schedule. Instead it stated that a report
regarding certain repairs was contracted for and the rest of the repairs
were either underway and/or already completed. The report was expected
within three weeks. Moreover, various inspections by both the City of
Yonkers Department of Buildings and New York State Assemblyman Zaleski
which were before the Administrator revealed that the complained of
conditions existed. Accordingly, the Administrator correctly reduced the
This order is issued without prejudice to the owner's right to file the
appropriate application for restoration of rent, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Tenant Protection
Regulations and the State Rent and Evictions Regulations, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the order of the Rent Administrator be, and
the same hereby is, affirmed.
JOSEPH A. D'AGOSTA