STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.: AI410093RO
ZVI GRUNBERG RENT
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above referenced administrative appeals have been
consolidated as both contain common issues of law and fact.
The above named petitioner-owner filed two Petitions for
Administrative Review against an order of the Rent Administrator
issued August 22, 1986. The order concerned housing accommodations
known as Apt 8-B located at 19 West 55th Street, New York, N.Y.
The Administrator directed restoration of services and ordered a
$52.00 per month rent reduction based on the owner's failure to
maintain essential services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by these
The tenant commenced this proceeding on July 1, 1986 by filing
a Statement of Complaint of Decrease in Services wherein she
alleged, in sum, that the owner was not maintaining certain
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner did not file a response.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on July 25, 1986 and
revealed the following:
1. Evidence of defective pilot light system,
2. Evidence of severely defective refrigerator which
The Administrator issued the order here under review on August
22, 1986 and ordered a $52.00 per month rent reduction based on the
The Commissioner notes that the owner filed the administrative
appeal bearing Docket No. CH420163RO on August 25, 1988. The appeal
is identical to that filed in Docket No. AI410093RO. The order here
under review was issued on August 22, 1986. Pursuant to Section
2208.2 of the Rent and Eviction Regulations, which states that
administrative appeals must be filed within 35 days of the date of
issuance of the Administrator's order, this appeal must be
dismissed as untimely.
In Docket No. AI410093RO the owner states that the tenant
refused to allow the owner access to the apartment on July 30, 1986
and August 11, 1986. The owner further states that the tenant did
not wish her refrigerator replaced but merely requested replacement
of the freezer door. The owner states that the freezer door was
replaced on September 11, 1986 and, at the same time, the pilot
light was repaired. The petition was served on the tenant.
The tenant filed a response on October 27, 1986 and stated
that the owner had restored services.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the owner did not file a response
to the complaint. The scope of review in an administrative appeal
is limited to facts or evidence submitted to the Administrator
unless it can be shown that such facts or evidence could not have
been submitted. The owner has not excused his default.
Furthermore, the owner submits no proof that the tenant refused
access to the apartment on the dates in question. The tenant
specifically stated in the complaint that the refrigerator was
"almost totally out of order" . The Administrator correctly issued
the order here under review based on the physical inspection
described above. The order is, therefore, affirmed.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that the administrative appeal bearing Docket NO.
CH420163RO be, and the same hereby is dismissed and it is further
ORDERED, that the administrative appeal bearing Docket No.
AI410093RO be, and the same hereby is, denied, and that the Rent
Administrator's order be, and the same hereby is, affirmed. Based
on the tenant's statement that services have been restored the rent
is ordered restored effective the first rent payment date following
issuance of this order and opinion.
JOSEPH A. D'AGOSTA