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.:
SHOMER MANAGEMENT CORP./ DOCKET NO.:
Y. M. SINGER, EH 630131B
2184 Barnes Ave.
PETITIONER Bronx, New York
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on August 12, 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.
Various tenants commenced this proceeding on August 31, 1990 by
filing a complaint asserting that "the elevator stopped working"
and that they "still do not have any elevator service."
In its answer filed on September 21, 1990, the owner stated that by
"an act of God" (i.e. extremely heavy rainfall) and the city's
failure "to clean out the sewers in front of the building," the
elevator service had broken down; that the elevator's "traveling
cables had to be replaced" and its electrical parts had to be dried
out to work properly; and that the elevator is now in working
Thereafter on October 22, 1990 and January 4, 1991, physical
inspections of the elevators in the subject building were conducted
by a DHCR staff member who reported that the "elevator sliding door
closes slowly." The inspector reported on October 22, 1990 that
the elevator does not stop level on 3rd and 5th floors; and that
the cab going down is 1 3/4 inches below the floor. The
inspector reported on January 4, 1991, that the "elevator stops on
3rd and 5th floors as follows:
Third Floor - ascending 1 « inches high,
and descending 1 inch below.
Fifth Floor - ascending 1 inch high, and
descending 1 inch below."
Based on the inspection report, the Administrator directed the
restoration of the elevator service and further ordered a reduction
of the rent of stabilized and rent control tenants.
In this petition, the owner contends that the elevator problem "was
due to normal maintenance care", and thus no rent reduction is
Various tenants answered the owner's petition, stating in substance
that the elevator service is still defective.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the petition should be granted.
The original complaint of various tenants on August 31, 1990
asserted that "the elevator stopped working" and that they "still
do not have any elevator service." In answer, the owner stated that
the elevator is now in working order. The Commissioner finds that
the DHCR inspections conducted on October 22, 1990 and January 4,
1991 went beyond the allegations of the tenants' complaint by
looking for defects other than an inoperative elevator. The slow
closing of the elevator door and levelling problems of the elevator
do not obviate the fact that the owner acted on the complaint by
restoring the elevator service.
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 Administrator's order be, and the same hereby is,
revoked. Rent arrears may be due the owner from the tenants as a
result of this order. With respect to rent-control tenants, any
arrears shall be paid in monthly installments which shall not
exceed the amount of the monthly rent reductions revoked herein.
As to rent stabilized tenants, any arrears may be paid in twelve
equal monthly installments.
JOSEPH A. D'AGOSTA