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.:
MONTE CARLO LEASING COMPANY,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 13, 1991, the above named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 27, 1991, by the Rent Administrator, concerning the housing
accommodation known as 631 Beach 9th Street, Queens, New York,
wherein the Administrator determined the owner's application to
restore rents previously reduced under an order issued on August 1,
1990 per Docket No. DF130098B.
The Administrator's rent reduction order under Docket No. DF130098B
reduced the tenants' rents based on findings that the elevator did
not stop level on all floors, that several doorknobs on the public
area doors were loose, and that a doorknob on a fire stairwell door
The challenged order denied the owner's application based on the
results of an inspection conducted on December 7, 1990. The
inspector reported that one of two elevators did not level on all
floors, and that the third floor compactor door was closed. The
inspector confirmed the owner's claim below that all loose and
missing doorknobs had been repaired or replaced.
On appeal, the owner contends that the failure of the elevator to
level and the finding of a closed compactor door were not suffi-
cient grounds to deny the owner's rent restoration application.
Copies of the owner's appeal were served on the tenants on October
30, 1991. One tenant responded that the elevators still did not
The Commissioner's administrative review order per Docket No.
EH130350RO affirmed the underlying rent reductions granted per
Docket No. DF130098B. However, it amended the Administrator's
order to delete the finding that the elevators did not level on all
floors as a predicate for the rent reductions because the City
Department of Buildings violation report, obtained in connection
with the appeal, failed to cite outstanding elevator violations
during the pendency of the rent reduction proceedings. Since the
finding that the elevator did not level on all floors was elim-
inated as a predicate for rent reductions it may not be a predicate
for denying the rent restoration application.
The Commissioner concurs with the owner that since the shut door of
the third floor compactor room was not cited in the rent reduction
order, it cannot furnish a basis to deny rent restoration.
No other conditions were cited as grounds for denying the owner's
rent restoration application. Therefore, no grounds remain to deny
the owner's application. Accordingly, the owner is entitled to a
rent restoration, effective December 1, 1990, the first day of the
month following service of the owner's application on the tenants.
Any rent arrears due the owner from the tenants as a result of the
order may be paid over the course of the next twelve (12) months.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is
ORDERED, that the owner's petition be, and the same hereby is,
granted, and that the Rent Administrator's order denying the
owner's rent restoration application be revoked, and that the
tenants' rents be restored effective December 1, 1990, in
accordance with the above.
JOSEPH A. D'AGOSTA