BI 110119 RO
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
APPEAL OF DOCKET NO.: BI 110119 RO
MOHAMMAD A. MALIK ADMINISTRATOR'S DOCKET
NO.: BA 110426 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 16, 1987 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 25, 1987. The order concerned housing
accommodations known as Apt 6 H located at 134-38 Maple Ave.,
Flushing, N.Y. The Administrator ordered a rent reduction for
failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on January 26, 1987 wherein
she alleged that the apartment never has been painted in the nine
years she has lived there and that the owner has refused to fix
the roof despite her complaint of leaks in the dining room.
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner failed to respond
to the complaint.
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on June 30, 1987
and revealed peeling paint and plaster on walls and ceilings
throughout the apartment due to a defective roof.
The Administrator issued the order here under review on
August 25, 1987 and ordered a rent reduction based on the report
of the inspector.
On appeal the owner states that the apartment had been
repaired prior to the issuance of the order here under review and
that the tenant had denied the owner access to the apartment to
make repairs prior to that time. Attached to the petition is a
work order, signed by the tenant, wherein it is stated that the
entire apartment has been painted as of August 6, 1987.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
The Commissioner notes that the scope of review in an
administrative appeal proceeding is limited to facts or evidence
presented to the Rent Administrator. Since the owner did not
respond below he may not now raise these defenses for the first
time on appeal. The Commissioner further notes that, even
assuming the apartment has been painted, the owner has not shown
that he has taken any action to repair the defective roof. The
condition of the roof was mentioned in the complaint and the
Administrator's order. The order here under review is correct
and is affirmed.
The owner may file for rent restoration when services have
been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner