ADM. REVIEW DOCKET NO.: FL630014RO
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.:
FL630014RO
: RENT ADMINISTRATOR'S
DOCKET NO.:
FF630249OR
PARKCHESTER MANAGEMENT CORP./ SUBJECT PREMISES:
AMIT SIKDAR 1558 Unionport Rd.
Bronx, NY
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND AMENDING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for
administrative review of the Administrator's order issued on
December 2, 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 administrative appeal.
The owner commenced this proceeding on April 26, 1989 by
filing an application asserting that it had restored and was
maintaining certain services in the subject building for which a
rent reduction had been ordered.
In answer, a tenant stated that the defective conditions
continue to exist.
Thereafter, an on-site inspection of the subject premises on
August 29, 1991 was conducted by a Division staff member who
reported that the elevator floor indicators for the fifth and sixth
floors are missing on the outside and inside, but that the basement
floor was clean and there was no evidence of graffiti on the exter-
ior walls.
ADM. REVIEW DOCKET NO.: FL630014RO
Based on a finding that the elevator indicator light had not
been repaired, the Administrator denied the owner's application for
rent stabilized tenants and partially granted it for rent con-
trolled tenants by ordering a $3.00 per month restoration of rent.
In this petition, the owner requests reversal of said order,
alleging that the services in issue are normal maintenance, are
promptly attended to, are of a recurring nature and that there is
not an identity of location of the alleged conditions.
After careful consideration, the Commissioner is of the
opinion that the petition should be granted and the Administrator's
order amended to grant the owner's rent restoration application in
full.
The Commissioner acknowledges that enforcement of applicable
standards regarding elevator operation and safety is under the
jurisdiction of the New York City Department of Buildings, which
has long-established, comprehensive procedures and inspection
programs in place. The staff engaged in carrying out these
inspections has the necessary technical expertise to conduct
periodic inspections; to interpret and apply relevant codes,
regulations and industry standards; and to issue violations.
Further, in view of the City's greater experience with elevator
enforcement, the City is in a better position than the Division of
Housing and Community Renewal (DHCR) to determine appropriate
performance standards and ancillary equipment for elevators of
varying age and manufacture.
Accordingly, the relevant inquiry is whether the Department of
Buildings has issued violations for the elevators in the subject
building during the period when the proceeding was before the DHCR.
The Commissioner notes that an elevator inspector of the Department
of Buildings conducted an inspection of the elevators in the
premises on January 25, 1990, June 27, 1990, January 26, 1991 and
September 20, 1991 and reported no violation of the New York City
Administrative Code of failing to maintain the elevator in a safe
condition and in good working order. Based on these inspections,
the Administrator's order is amended to order restoration of the
rent in the amount of $6.00 per month for rent controlled tenants,
plus all lawful increases granted subsequent to the order reducing
rent, effective January 1, 1992 and to order restoration of the
rent for rent stabilized tenants to the level in effect prior to
the rent reduction plus subsequent lawful increases, effective
August 1, 1991.
Rent arrears may be due the owner from the tenants as a result
of this order. Any arrears shall be paid in 24 monthly install-
ments by stabilized tenants and installments of $3.00 per month by
rent controlled tenants until all arrears are repaid.
ADM. REVIEW DOCKET NO.: FL630014RO
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, and that the Administrator's order be, and the same hereby
is, amended in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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