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.:
MRM MANAGEMENT DOCKET NO.:
c/o RUBIN PINKUS, AJ 210431-S
320 Eastern Parkway
PETITIONER Apt. 4-G, Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review concerning the housing accommodations relating to the
above described docket number.
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.
On October 9, 1986, the tenant commenced the proceeding below by
filing a complaint asserting that the owner had failed to main-
tain certain services in the subject apartment. Amongst the
complained of conditions:
1. Defective bathtub.
2. General deterioration of the stove and oven.
3. Defective glass shutters.
4. Defective closet door.
5. Defective bedroom door locks.
On November 25, 1986 the owner was served with the complaint and
afforded twenty (20) days to interpose an answer.
On December 16, 1986, the owner interposed an answer to the ten-
ant's complaint stating, in pertinent part, that its agent has
been instructed to check the allegatio s in the tenant's com-
The Administrator ordered a physical inspection of the premises.
The inspection was conducted on February 26, 1987 and revealed
1. Porcelain on bathroom tub is worn.
2. Oven is defective; it cannot regulate temperatures.
3. Small bedroom - One window does not open - master
bedroom window is off track. Other does not stay
open. Living room - 2 windows do not stay open.
Bedroom window off track, does not stay open.
Kitchen window off track and does not stay open.
4. Door lock defective also door does self close.
5. Hall closet does not close properly. Bedroom closet
off hinges; hall closet does not close properly.
On July 2, 1987, the Rent Administrator directed restoration of
these services, and further ordered a reduction of the stabiliza
In its petition for administrative review, filed on August 3,
1987, the owner stated, in substance, that even though the tenant
failed to provide access to the premises for the purpose of
effectuating repairs, all repairs had been or would be completed.
The Commissioner is of the opinion that the petition should be
The owner's assertion that a portion of the repairs would be
completed does not warrant modification or revocation of the
Administrator's order. The Commissioner notes that the owner was
served with the complaint on November 25, 1986, and the Adminis-
trator's order was issued on July 2, 1987. Thus, the owner had
ample time to correct the defective conditions.
With regard to the owner's allegation that some of the repairs
had been completed, the owner's petition does not make clear
whether it is the owner's contention that repairs had been made
before the apartment was inspected or the order was issued or
whether the contention is that repairs were made following the
issuance of the Rent Administrator's order. If it is the former,
then the owner's allegation is belied by the report of the agency
inspector. If it is the latter, then the Rent Administrator's
order was correct when issued.
The owner's claim of denial of access is not proven and is raised
for the first time on appeal. It is therefore beyond the scope
of review of administrative appeals which is limited to a review
of facts or evidence before the Administrator.
Based on a preponderance of the evidence the Commissioner finds
insufficient reason to disturb the Administrator's order, and it
should be affirmed.
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