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.: GF430073RO
BIG POND REALTY CORP RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On June 15, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 8, 1992. The order concerned various
housing accommodations located at 1 Convent Avenue, New York, N.Y.
The Administrator denied the owner's rent restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
This proceeding was commenced on October 11, 1991 when the
owner filed a rent restoration application and stated that it had
repaired the defective vestibule door lock for which a rent
reduction was ordered in Docket No. DJ530109B.
The tenants were served with copies of the application and
afforded an opportunity to respond. One tenant filed a response on
November 18, 1991 and stated that the owner had restored services.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on March 18, 1992 and
revealed that the vestibule door lock is defective and not
operating at the time of inspection.
The Administrator issued the order here under review on May 8,
1992 and denied the application based on the inspector's report.
On appeal the owner states that the vestibule door lock has
been consistently repaired and that the reason it is continually
broken relates to acts of vandalism carried out by the tenants.
The owner submits a list of repairs done to the lock with dates,
amounts expended and the company who did the work. The owner also
stated that the outer door to the building is now locked and the
vestibule door is not due to the fact that locking the outer door
provides better tenant security and reduces vandalism. The owner
argues that the inspector looked at the vestibule door and failed
to take into account the improvement to the entrance door described
above. Copies of the paid bills are also attached to the petition.
The petition was served on the tenants on June 22, 1992. One
tenant filed a response and stated that the vestibule door was
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
The Commissioner notes that the owner's argument regarding the
upgrading of the entrance door was also addressed to the
Administrator in a request for reconsideration dated January 14,
1993. The owner stated that the order should be reconsidered based
on irregularity in a vital matter in that the inspector issued the
report on the wrong door. The Commissioner, in attempting to
resolve the question of whether the owner has in fact upgraded the
entrance door to the level that would warrant rent restoration,
ordered an inspection of the building. The inspector was
instructed to determine if the building entrance door is locked and
if the lock is secure. The inspection was conducted on March 3,
1993 and revealed that the entrance door was indeed locked with a
Based on the results of this inspection the Commissioner is of
the opinion that the owner is entitled to rent restoration and that
the instant application must be granted. Accordingly, the order
here under review is revoked and rent restoration is ordered
effective December 1, 1991, the first rent payment date following
service of the application on the tenants.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. Any tenant who owes arrears based on the
Commissioner's decision herein may pay off said arrears in twenty
four (24) equal monthly installments.
JOSEPH A. D'AGOSTA