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.:
ARNOLD J. DAVIS,
PETITIONER AI 410719-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 24, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on July 22, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodation known as
175 West 79th Street, New York, New York, Apt. 16-E.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment, effective
November 1, 1986, the first rent payment day after the Division
of Housing and Community Renewal informed the owner of the
The tenant filed a complaint of decrease in services on September
11, 1986 alleging that there was falling plaster throughout the
apartment, that the apartment needed to be painted, that the win
dows were defective and that there were wiring defects.
In answer to the complaint, the owner promised to have the
necessary painting and plastering done.
A physical inspection on May 26, 1987 revealed that the apartment
had been plastered, but not painted; the living room window was
drafty, and there was no evidence of defective wiring.
The District Rent Administrator's order, appealed herein, reduced
the rent of the subject apartment to the level in effect prior to
the last guideline increase which commenced before the effective
date of the rent eduction based on the results of an inspection
which showed that the replastered ceilings and walls in the kit-
chen, bedroom and living room required painting services and the
loose living room window required putty.
On appeal, the petitioner-owner alleged, inter alia, that the
tenant denied access to the subject apartment to his painter.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The Commissioner notes that the owner's allegation, that the
tenant denied access to the apartment for the purpose of repairs,
was not raised by the owner, while the proceeding was pending
before the administrator and is unsubstantiated by any evidence
in the record. Since the scope of administrative review is
limited to the facts or evidence, which were raised before the
administrator and this allegation was not raised, it may not now
be considered for the first time on administrative appeal.
Moreover, the record reveals that the DHCR inspector gained
access to the subject apartment on May 26, 1987 and that the
resulting inspection report confirmed some of the tenant's
allegations concerning service derelictions.
Pursuant to Section 2523.4(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 the own r has failed to main-
tain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
Accordingly, based on a preponderance of the evidence, the Com-
missioner finds that the owner has offered insufficient reason
to disturb the Administrator's determination and that the
Administrator properly based his determination on the entire
record, including the results of the on-site inspection conducted
in the subject apartment.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization 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