DHCR Decisions
GC630052RO
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.: GC630052RO
PARKCHESTER MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: FF630229OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 20, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 19, 1992. The order concerned various
housing accommodations located at 1604 Metropolitan Avenue, Bronx,
N.Y. The Administrator granted the owner's rent restoration
application in part 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 June 19, 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. BH610089B had been issued. The Commissioner notes that the
rent was reduced based on findings of defective vents, basement and
stairwell steps requiring cleaning, basement walls and stairway
walls of the "B" line on the sixth, seventh and ninth floors with
peeling paint and plaster and waterstained walls of section "A" and
"B" stairways. The Commissioner also notes that the issue of the
defective vents has been deleted by the Administrator and is no
longer an active issue in this proceeding and that, in Docket No.
DD630129OR the Administrator found that all services had been
restored except for the basement and bulkhead walls. In Docket No.
EL630172RO, the Commissioner ordered that the issue of the bulkhead
walls was not one that the owner was on notice to correct. The
sole remaining issue to be determined is that of the basement
walls.
The tenants were served with copies of the application and
afforded an opportunity to respond. The Administrator ordered a
GC630052RO
physical inspection of the subject building. The inspection was
conducted on February 26, 1992. The inspector reported that there
was evidence of peeling paint and water damage to the bulkhead
walls. All other services were found to have been restored
The Administrator issued the order here under review on March
19, 1992. Rent restoration of $1.00 per month was ordered for rent
controlled tenants. The owner was given leave to refile for the
remaining $1.00 per month when services were fully restored. The
application was denied with regard to rent stabilized tenants.
On appeal the owner, as 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 and that the conditions cited
in the rent reduction and rent restoration orders are at different
physical locations. The petition was served on the tenants on
April 9, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted.
The Commissioner notes that, pursuant to the order issued in
Docket No. EL630172RO, the only issue to be decided regarding this
rent restoration application is whether or not the owner corrected
the condition involving the basement walls. The physical
inspection revealed that the owner had done so. The issue of the
bulkhead walls was removed from this proceeding by the Commissioner
in Docket No. EL630172RO. Since the owner has restored all
services required by Docket No. BH610089B, the order here under
review is modified to grant rent restoration of $2.00 per month for
rent controlled tenants effective April 1, 1992. Rent restoration
is also granted for rent stabilized tenants and the rents are
restored to the level in effect prior to the rent reduction order
plus all lawful subsequent increases effective August 1, 1991.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
EL630034RO
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, affirmed as modified herein. Any rent controlled tenant
who owes arrears based on the Commissioner's determination herein
may pay off said arrears in installments of $1.00 per month. Rent
stabilized tenants may pay off arrears in twelve (12) equal monthly
installments. Any tenant who vacates owes arrears immediately.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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