EL630015RO
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.: EL630015RO
PARKCHESTER MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: DI630009OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On December 7, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 28, 1990. The order concerned various
housing accommodations located at 1940 East Tremont Ave., Bronx,
N.Y. The Administrator granted in part the owner's rent
restoration application 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 April 21, 1989 by
filing an Application for Rent Restoration wherein it alleged that
it had restored services for which a rent reduction order bearing
Docket No. BH610067B had been issued wherein the owner was directed
to repair the elevator indicators, peeling paint and plaster in the
basement hallway walls and the stairwell walls from the first floor
to the basement on the A line. The defective vents condition was
subsequently deleted as a basis for the rent reduction in an
amended order. The tenants were served with copies of the
application and afforded an opportunity to respond. One tenant
filed a response on November 22, 1989, however the response was not
pertinent regarding the issue of whether or not the owner had
restored services.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on June 4, 1990. The
building was reinspected on October 30, 1990. The inspector
reported that the elevator floor indicators were operational.
However, the bulkhead walls of Section A were reported to have
EL630015RO
peeling paint and the basement walls had peeling paint and plaster.
The Administrator issued the order here under review on
November 28, 1990. Rent restoration of $2.00 per month was granted
for rent controlled tenants. The owner was advised to refile for
the remaining $2.00 per month when services had been completely
restored. Rent restoration was denied for rent stabilized tenants.
On appeal the owner, 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. The petition was served on
the tenants on December 24, 1990.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the Rent Administrator's order should be modified.
A review of the rent reduction order reveals that the owner
was directed to repair the peeling paint and plaster on the
basement walls and the stairwell walls from "1st floor to basement
on the A line." The finding of peeling paint and plaster on the
bulkhead walls is not within the purview of the conditions the
owner was directed to restore.
The inspector did find peeling paint and plaster on the
basement walls and although the owner has characterized the cited
conditions as normal maintenance and something which is "promptly
attended to" but recurs, the record reveals that "normal
maintenance" did not, in this case, include prompt attention to the
cited condition between the dates of the inspection, which were
several months apart. In the opinion of the Commissioner, an item
of normal maintenance would have been corrected within this time
span and, if corrected properly, would not have reappeared. The
Commissioner further notes that the original rent reduction order
and the corresponding inspection reports in the restoration
proceeding both cite the same defective condition at the identical
location--peeling paint and plaster on the basement walls and for
this condition rent restoration is not warranted.
Accordingly, the Commissioner finds that the Administrator
properly determined that the owner had failed to restore all
services based on the evidence of record, including the results of
the on-site physical inspections of the subject premises. The
Administrator correctly denied the rent restoration application for
rent stabilized tenants. For rent controlled tenants, the
Administrator's order is hereby modified to order rent restoration
in the amount of $4.00 per month effective December 1, 1990, ($2.00
for repair of the elevator indicators and $2.00 for repair of the
peeling paint and plaster in the stairwell walls).
EL630015RO
The Commissioner notes that the owner has reapplied for rent
restoration. In Docket No FD630185OR the Administrator ordered a
$1.00 per month rent restoration for rent controlled tenants and
denied the application for rent stabilized tenants. In Docket No.
GJ630047OR the Administrator granted the application, restored the
remaining $1.00 per month for rent controlled tenants and granted
rent restoration for rent stabilized tenants. The Commissioner
further notes that the rent reduction proceeding has been remanded
to the Administrator for further processing wherein the issue of
whether a rent reduction was warranted is being reexamined. If the
orders are revoked pursuant to the remand, the rents will be
restored as of the original effective date of the reduction. If
the orders are affirmed without modification, the owner's rights to
restoration of the rents based on applications previously or
subsequently filed or pending will not be affected. If the orders
are amended, the owner may have to file new applications to restore
based on the restoration of services cited in the modified rent
reduction orders.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations 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 as modified herein.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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