HA130082RT; et al.
                                    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




          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEALS OF                              DOCKET NOS.:   
                                                  HA130082RT;  HA130235RT;
                                                  HA130236RT;  HA130237RT;
                  VARIOUS TENANTS OF              HA130238RT;  HA130239RT;
                   41-43 39TH PLACE               HA130240RT;  HA130250RT
                 SUNNYSIDE, NEW YORK,
                                                  RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
                                  PETITIONERS     GF130092OR
          ----------------------------------x



           ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
                                       IN PART


          On January 12, 1993, January 20, 1993, January 25, 1993, January 
          27, 1993, February 10, 1993 and February 11, 1993, the above-named 
          petitioner-tenants filed petitions for administrative review (PAR) 
          of an order issued on December 31, 1992, by the Rent Administrator, 
          concerning the housing accommodations known as 41-43 39th Place, 
          Sunnyside, New York, various apartments, wherein the Administrator 
          determined that the owner had partially corrected the conditions 
          upon which the reduction order was issued and partially granted the 
          owner's application for a restoration of rent.  In the orders 
          relating to rent-controlled tenants, the maximum legal regulated 
          rent was restored in the amount of $20.00 per month.  The Rent 
          Administrator further determined that no rent restoration was 
          warranted for rent-stabilized tenants. The Rent Administrator's 
          determination was based on an inspection held on November 10, 1992, 
          which showed that the owner had completed various repairs but had 
          not corrected other deficiencies.  Included in the Rent Adminis- 
          trator's list of services determined to be restored was:  "exposed 
          wiring in the cellar, but could not ascertain if electrical.  No 
          evidence of frayed wire in the cellar passageway."  Additionally, 
          the Rent Administrator determined that there was "no evidence of 
          cracked and broken flags of concrete in the East courtyard".
















          HA130082RT; et al.

          These proceedings are being consolidated as they involve common 
          grounds of law and fact.

          The Commissioner has reviewed all of the evidence in the record and 
          has carefully considered that portion of the record relevant to the 
          issue raised by the administrative appeals.

          The issue herein is whether the Rent Administrator properly issued 
          the appealed order which partially granted the owner's application 
          for a restoration of rent.

          On appeal, the petitioner-tenants averred, in substance, that the 
          Rent Administrator erred by granting the owner's application to 
          restore rents based upon the owner's correction of exposed wiring 
          in the cellar because the DHCR inspector was merely guessing in 
          finding that the exposed wiring might not have been electrical 
          wiring and further that the East courtyard concrete was not re- 
          paired in a workmanlike manner.

          The petitions were served on the owner on February 5, 1993, 
          February 26, 1993 and March 11, 1993.

          The owner answered the petitions under Docket Nos. HA130082RT and 
          HA130236RT alleging that the tenants' appeals were meritless and 
          that any exposed wiring will be covered and that all other repairs 
          have been made.

          After a careful consideration of the entire evidence of record the 
          Commissioner is of the opinion that the administrative appeals 
          should be granted in part.

          The owner filed an application to restore the rent of various rent 
          regulated apartments in the subject premises on June 29, 1992 
          certifying that all repairs which were the subject of the Rent 
          Administrator's reduction order had been restored.

          The tenants on appeal, allege in effect that the Rent Administrator 
          erred by granting the owner a restoration of rent in the amount of 
          $3.00 per month for rent controlled tenants, based upon correction 
          of frayed and exposed wiring in the cellar, because there was no 
          evidence to substantiate the inspector's conclusion that the wiring 
          was non-electrical.

          The Commissioner has carefully considered this argument and finds 
          that it has merit.





          A review of the record reveals that the New York City Housing 
          Preservation and Development Agency (HPD) issued a violation, on 






          HA130082RT; et al.

          September 5, 1989 which was predicated upon exposed electric wires 
          in the cellar passageway.

          The inspection conducted on February 12, 1991, (Docket No. 
          DK130073B) established that "There is evidence of exposed and 
          frayed electrical wiring in the cellar passageway".  (For this one 
          item, the Rent Administrator reduced the rent of rent controlled 
          apartments by $3.00 per month).

          A review of the file below shows that on July 19, 1992 and July 20, 
          1992, the tenants of apartments 1-K and 3-L answered the owner's 
          restoration application by challenging the owner's statement that 
          all basement electrical wires were repaired.  The gist of their 
          argument was that the actual or proposed cosmetic covering of 
          frayed electrical wires does not insure the safety of the 
          building's occupants.

          The owner's restoration application and answers to the petitioners' 
          appeals state, in pertinent part, that the frayed electrical wiring 
          in the cellar has been covered.

          The Commissioner notes that these statements show that the owner 
          was fully aware that the wires in issue were electrical wires and 
          that the owner did not replace the frayed wires but merely covered 
          them; thus lending credence to the tenants' assertions.

          Accordingly, the Commissioner finds that the frayed wires in 
          question are electrical wires; that the owner failed to correct 
          this dangerous condition in a workmanlike manner and that the Rent 
          Administrator erred by restoring the rent for this condition by 
          $3.00 per month, effective January 1, 1993.

          The Commissioner has also considered the petitioners' claim that 
          the owner failed to repair the East courtyard concrete in a 
          workmanlike manner and finds this argument to be without merit.

          The inspection held on November, 1992 showed that there was "no 
          evidence of cracked and broken flags of concrete in the East 
          courtyard".

          The petitioners did not submit any credible evidence to refute this 
          finding and, therefore, the Rent Administrator's determination will 
          not be disturbed.





          Accordingly, the Commissioner finds that the Rent Administrator 
          properly restored the rent based upon the owner's correction of 
          East courtyard concrete services.













          HA130082RT; et al.


          THEREFORE, in accordance with the provisions of the Rent and 
          Eviction Regulations for New York City, it is,

          ORDERED, that these petitions be, and the same hereby are, granted 
          in part, and the Administrator's order be, and the same hereby is, 
          modified to delete the restoration of rent in the amount of $3.00 
          per month.


          ISSUED:



                                                                         
                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner

    

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