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 NOS.:
: GF 510280-RT; GF 510281-RT
VARIOUS TENANTS OF 680 GF 520282-RT; GF 510283-RT
WASHINGTON AVENUE, GF 510284-RT; GF 520343-RT
NEW YORK, NY PETITIONER : GF 520344-RT; GF 510345-RT
------------------------------------X GF 510347-RT; GF 520348-RT
GF 510349-RT; GF 510350-RT
GF 520351-RT; GF 510354-RT
GF 510355-RT; GF 510356-RT
GF 510357-RT; GF 510366-RT
GF 510367-RT; GF 510368-RT
GF 510369-RT; GF 520370-RT
GF 510371-RT; GF 520372-RT
GF 520373-RT; GF 520376-RT
GF 520377-RT; GF 510378-RT
GF 510379-RT; GF 510383-RT
GF 520384-RT; GF 510385-RT
GF 510394-RT; GF 510409-RT
GF 520410-RT; GF 510411-RT
GF 510414-RT; GF 520415-RT
GF 510493-RT; GF 520494-RT
GF 510501-RT; GF 510502-RT
GF 510506-RT; GG 510278-RT
RENT ADMINISTRATOR'S
DOCKET NO.: EF 530008-OM
ORDER AND OPINION REMANDING PETITIONS FOR ADMINISTRATIVE REVIEW
Various tenants timely filed Administrative Appeals against an order issued
on May 29, 1992 by a Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 68 Fort Washington
Avenue, New York, New York, Various Apartments, wherein the Rent
Administrator granted in part the owner's application and authorized major
capital improvement rent increases.
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 for Administrative Review.
The owner commenced this proceeding on June 1, 1990 by filing an application
for a rent increase based on the installation of fireproof doors,
entrance/vestibule doors, and replacement windows.
On May 29, 1992 the Rent Administrator issued the order here under review
granting the application in all respects with the exception of the
entrance/vestibule door installation, which type of installation was
previously the basis of a rent increase order issued on May 27, 1982 under
docket number OM-2907.
DOCKET NUMBER: GF 510280-RT, et al.
In their petitions for administrative review, the tenants request reversal of
the Rent Administrator's order alleging that the owner did not comply with
Section 3(b) of their leases by not serving the tenants with the owner's
application, the replaced fireproof doors were functioning perfectly;
plastering of window frames has not been completed and that the replacement
of hallway or lot line windows should not be the basis for a rent increase.
In answer to the tenants' petitions the owner alleges that they are without
merit.
The Commissioner is of the opinion that the proceeding should be remanded to
the Administrator for further processing.
The record in this case indicates that the owner has complied with all of the
service and notice requirements; and that the replaced fireproof doors were
over forty years old. In addition policy statement 89-6, dated May 3, 1989,
provides if an owner replaces all of the hallway or lot line windows in a
building, this cost also would be eligible for a major capital improvement
increase.
However, with respect to the windows, the record discloses that various
tenants alleged that plastering of window frames and sashes was not
completed. Copies of the tenants' responses were forwarded the owner, who
denied all allegations. A copy of the owner's response was forwarded to all
tenants, to which they reiterated their previous claims. It does not appear
that any further investigation of the tenants' claims was performed and the
Administrator's order states only that the tenants' objections do not pertain
to the approved installations.
The sharply conflicting allegations of the parties with respect to whether
the window installation was properly finished was not adequately addressed by
the Administrator in the proceeding below. Accordingly, the Commissioner
deems it appropriate to remand this proceeding to the Rent Administrator for
such further processing as may be deemed necessary which may include a
physical inspection, to resolve this issue.
THEREFORE, in accordance with the provisions of the Rent Stabilization Code
and the Rent and Eviction Regulations, it is
ORDERED, that these petitions be, and the same hereby are is granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accordance with this order and opinion. The order and
determination of the Rent Administrator remains in full force and effect
until a new order is issued on remand.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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