CG610105RO
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.: CG610105RO
215 GUNHILL ASSOCIATES RENT ADMINISTRATOR'S
DOCKET NO.: BJ610058B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
known as 215 East Gunhill Road, Various Apartments, Bronx, New
York.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
Various tenants commenced the proceeding below by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject building.
In an answer, the owner denied the allegations set forth in the
complaint, and asserted that heat is always furnished, the front
and basement doors are secure, the resident porter keeps the
building clean, mailboxes and windows were repaired, they are in
the process of getting new mailboxes and of selecting a highly
reputable elevator repair and maintenance company.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of the following
defective conditions:
1) Janitorial service is inadequate. Garbage was found on
floors 1 thru 6, in the compactor room, and in the basement.
2) Vermin and rodent infestation in compactor room.
3) West-side elevator is out of service.
CG610105RO
4) Missing lock from one mailbox on westside.
5) Basement door is not self closing.
6) Panes are missing from various basement windows.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent for Rent
Stabilized Apartments and a reduction of the maximum rent for Rent
Controlled apartments.
The owner was sent the results of the inspection March 23, 1988 and
afforded an opportunity to correct the defective conditions within
21 days and to so notify the Division.
A second inspection took place on June 6, 1988 which again revealed
that:
1) The hallways and lobby as well as two rooms in the
basement, needs sweeping and mopping.
2) The west-side elevator is out of service.
3) Basement door on the East-side is not self closing and lock
is loosened.
4) Approximately ten windows in the basement have broken
panes.
5) Sidewalk has cracks in various places in front of the East-
side of the building.
6) On the West end of the third floor there is one light out,
and two lights are out on the second floor.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum rent.
In its petition for administrative review, the owner states, in
substance, that the public hallways and lobby are cleaned daily by
the porter, two new elevators were installed, as well as windows
throughout the building, lights were placed on the second and third
floors, doors have magnetized locks, and a company was contacted
to repair the sidewalk.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
CG610105RO
Section 2202.16 of the Rent & Eviction Regulations, authorizes a
rent reduction where there has been a decrease in essential
services which are defined in Section 2200.3 to include repairs,
maintenance, janitorial services, elevator services, and the
furnishing of light, heat, hot and cold water.
Pursuant to Section 2523.4 of the Rent Stabilization code, DHCR is
required to order a rent reduction, upon application by the tenant,
where it is found that the owner has failed to maintain required
services.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required and essential services based on a
physical inspection confirming the existence of defective
conditions in the subject building for which a rent reduction is
warranted.
The owner's allegation that they never received the complaint and
that if they had been given the opportunity to respond, they would
have fixed the defects before a rent reduction was warranted is
belied by the fact that an answer was received.
The Division's records reveal that the owner's rent restoration
application was granted (Docket No.: CG630075OR).
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition for rent stabilized tenants is
vacated upon issuance of this order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the Rent and Eviction Regulations for New York City, and the
Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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