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
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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
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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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