GA630241RO
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.: GA630241RO
PARKCHESTER MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: FD630185OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On January 30, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 21, 1992. The order concerned various
housing accommodations located at 1940 East Tremont Ave., Bronx,
N.Y. The Administrator granted in part the owner's rent
restoration application with regard to rent controlled tenants and
denied the application with regard to rent stabilized tenants.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on April 16, 1991 by
filing an Application for Rent Restoration wherein it alleged that
it had restored services for which a rent reduction order bearing
Docket No. BH610067B had been issued wherein the owner was directed
to repair the elevator indicators, peeling paint and plaster in the
basement hallway walls and the stairwell walls from the first floor
to the basement on the A line. The defective vents condition was
subsequently deleted as a basis for the rent reduction in an
amended order. The tenants were served with copies of the
application and afforded an opportunity to respond.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on November 25, 1991. The
inspector reported that the bulkhead walls in Section A were
painted properly and that the basement walls were plastered but not
painted.
The Administrator issued the order here under review on
January 21, 1992. Rent restoration of $1.00 per month was granted
GA630241RO
for rent controlled tenants. The owner was advised to refile for
the remaining $1.00 per month when the basement walls were painted.
Rent restoration was denied for rent stabilized tenants.
On appeal the owner, represented by counsel, states that the
services reported as not being maintained are ones requiring normal
maintenance, are promptly attended to and are of a recurring
nature. The owner further states that the work has been completed
but simply recurs and is done again. The petition was served on
the tenants on February 19, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the Rent Administrator's order should be modified.
In Docket No. EL630015RO the Commissioner found that a review
of the rent reduction order revealed that the owner was directed
to repair the peeling paint and plaster on the basement walls and
the stairwell walls from "1st floor to basement on the A line." The
finding of peeling paint and plaster on the bulkhead walls was
found not to be within the purview of the conditions the owner was
directed to restore.
The inspector did find that the basement walls had not been
painted. In order to obtain complete rent restoration the owner
was required to both plaster and paint the walls. Since the owner
did not do both the Administrator was correct in granting only
$1.00 in rent restoration and advising the owner to refile for the
remaining $1.00 and for rent restoration for rent stabilized
tenants when the basement walls were painted.
Accordingly, the Commissioner finds that the Administrator
properly determined that the owner had failed to restore all
services based on the evidence of record, including the results of
the on-site physical inspections of the subject premises. The
Administrator correctly denied the rent restoration application for
rent stabilized tenants. For rent controlled tenants, the
Administrator's order is hereby modified to delete the finding
regarding the Section A bulkhead and affirmed as modified.
The Commissioner notes that the owner has reapplied for rent
restoration. In Docket No. GJ630047OR the Administrator granted
the application, restored the remaining $1.00 per month for rent
controlled tenants and granted rent restoration for rent stabilized
tenants. The Commissioner further notes that the rent reduction
proceeding has been remanded to the Administrator for further
processing wherein the issue of whether a rent reduction was
warranted is being reexamined. If the orders are revoked pursuant
to the remand, the rents will be restored as of the original
effective date of the reduction. If the orders are affirmed
without modification, the owner's rights to restoration of the
rents based on applications previously or subsequently filed or
GA630241RO
pending will not be affected. If the orders are amended, the owner
may have to file new applications to restore based on the
restoration of services cited in the modified rent reduction
orders.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations 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
Deputy Commissioner
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