ADM. REVIEW DOCKET NO.: BI 210500 RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BI 210500 RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
ZBB 210023 RP,
85KS000185 HH
ARTHUR BRENNER,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 21, 1987, the above-named petitioner-tenant
timely refiled a petition for administrative review of an order
issued on April 30, 1987, by the Rent Administrator, concerning the
housing accommodation known as 4200 Avenue K, Apartment 3J,
Brooklyn, New York, wherein the Administrator determined that
services had been restored and revoked the order issued under
Docket Number 85KS000185 HH.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
On March 13, 1986 the tenant filed a complaint of decrease in
services, alleging that the owner had not maintained hot water
services.
On March 19, 1986, the owner was served with the complaint and
afforded an opportunity to comment thereupon.
On March 22, 1986, the tenant submitted an affirmation stating
that the owner had continued to not maintain hot water services.
On April 3, 1986, the owner interposed an answer to the
tenant's complaint asserting that there was adequate hot water in
the building at all times.
ADM. REVIEW DOCKET NO.: BI 210500 RT
On April 4, 1986, the Rent Administrator issued an order,
under Docket Number 85KS000185 HH, reducing the stabilization rent
based upon the owner's failure to maintain hot water services. The
Rent Administrator's finding was predicated upon the owner's
failure to answer the tenant's complaint.
Thereafter, the owner filed a petition for administrative
review against the Rent Administrator's order of April 4, 1986.
On January 29, 1987, the Commissioner issued an order under
Docket Number ARL 9618-K, remanding the proceeding on appeal on the
grounds that the Rent Administrator's determination was based on
the purported default of the owner who had established on appeal
that in fact it had substantially complied with the Rent
Administrator's directives in the proceeding before the Rent
Administrator.
On March 13, 1987, the Rent Administrator notified the parties
that the proceeding was being reopened and that the administrator
proposed to revoke the order issued erroneously on April 4, 1986.
The parties were afforded an opportunity to answer the proposed
action and were apprised that an inspection of the subject premises
had been requested.
Neither party to the proceeding below interposed an answer.
On April 9, 1987, inspection of the subject premises was
conducted by a Division inspector who reported that the hot water
temperature in the subject premises was 140 degrees F.
On April 20, 1987, another inspection was conducted by a
Division inspector who reported that the hot water temperature in
the subject premises was 120 degrees F.
On April 30, 1987, the Rent Administrator issued the order
appealed herein, revoking the order issued on April 14, 1986, on
the grounds that the physical inspection held on April 20, 1987,
indicated that services had been restored.
In the petition, the tenant contends that the inspector
refused to look at complaints outside the apartment and requests
that the Division send an inspector to verify these complaints.
The complaints listed in the petition are as follows:
EXISTING VIOLATIONS IN APT. 3J
ADM. REVIEW DOCKET NO.: BI 210500 RT
1. Bedroom wall and ceiling poorly
plastered and poorly painted.
2. Some window sashes do not
operate properly.
EXISTING VIOLATIONS IN REMAINDER OF BUILDING
1. Painting needed in stairwells and garage.
2. Broken windows in Boiler Room and
garage.
3. Roaches in halls and elevators and
incinerator rooms.
4. Bells, buzzers and intercom defective.
5. Lighting inadequate in lobby, halls,
stairwells, garage and building ex-
teriors. Red warning light at garage
entrance missing.
6. Elevator operation erratic...stops
above or below floor level, passes
floors, floor indicator lights
missing. No inspection card posted.
7. Collapsing sidewalk at side of building.
8. Benches at rear of building in need
of repair.
9. Front door lock insecure. Side door
lock and other locks defective.
10. Stairwells filthy, need scrub down
with soap and water.
11. Landscaping deteriorated.
12. Serious rain leaks from garage
walls and ceiling, which may
collapse.
13. Missing locks on side and rear gates.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The tenant's complaint of March 13, 1986, alleged that the
ADM. REVIEW DOCKET NO.: BI 210500 RT
owner had not maintained hot water services. This allegation is
belied by the inspectorial findings of April 9, 1987, and April 20,
1987. Thus, the Commissioner finds the Rent Administrator's order,
revoking the order issued under Docket Number 85KS000185 HH was
warranted.
With respect to the complained-of conditions set forth in the
petition, the Commissioner notes that these were not part of the
tenant's complaint of March 16, 1987. Thus, they are beyond the
scope of review of administrative appeals which is limited to a
review of facts or evidence before the Rent Administrator.
This order is issued without prejudice to the tenant's right
to file an application with the Division for the complained-of
conditions set forth in the petition, if the facts so warrant.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
is
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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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