STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 4, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 30, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
103-11 68th Drive, Forest Hills, New York, Apt. 3-D.
The issue herein is whether the District Rent Administrator
properly issued the order below which found that a diminution of
service had occurred.
The District Rent Administrator's order, appealed herein, found
that a diminution of service had occurred and reduced the rent to
the level in effect prior to the last rent guideline increase
which commenced before the effective date of the order. Based
on an inspection held on March 30, 1987, the rent was reduced
because of an inoperative stove and the existence of peeling
paint and plaster over the living room wall.
On appeal, the petitioner-owner claimed inter alia that the
tenant caused the service reductions in question and that the
owner was denied access to the subject apartment.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
A review of the record indisputably shows that the complained-of
conditions and concomitant diminution of service existed at the
time of the Division of Housing and Community Renewal (DHC ) in-
spection held on March 30, 1987, and at the time of the issuance
of the District Rent Administrator's order on June 30, 1987.
Pursuant to Section 25234(a) of the Rent Stabilization Code,
"A tenant may apply to the DHCR for a reduc-
tion of the legal regulated rent to the level
in effect prior to the most recent guidelines
adjustment, and the DHCR shall so reduce the
rent for the period for which it is found
that t e owner has failed to maintain re-
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The owner had seven months from the date of service of the
tenant's complaint until the issuance of the Administrator's
order to investigate the tenant's complaint and to make the
necessary repairs, but failed to do so.
The Commissioner finds that the Administrator properly based his
determination on the entire record including the results of the
on-site physical inspection conducted on March 30, 1987 and that
pursuant to Section 2523.4(a) of the Code, the Administrator was
mandated to reduce the rent upon determining that the owner had
failed to maintain services.
The record is also devoid of any showing that the access issue
was raised below by the owner. In answer to the complaint, the
owner merely asserted that the tenant makes repeated, fictitious
Since the scope of administrative review is limited to the facts
or evidence which were raised before the Distri t Rent Adminis-
trator and this allegation was not raised; it may not now be
considered for the first time on administrative appeal.
Accordingly, based on a preponderance of the evidence the
Commissioner finds that the owner has offered insufficient reason
to disturb the Administrator's determination and that t e Admin-
istrator properly based his determination on the entire record,
including the results of the on-site inspection conducted in the
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application with the Division for
restoration of rent based upon a restoration of services, if the
facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner