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.:
PETITIONER AJ 530025-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 28, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on August 31, 1987,
by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 567 West
149th Street, New York, New York, various apartments.
The issue herein is whether the Rent Administrator properly reduced
the rents of various rent stabilized and rent controlled apartments
in the subject building.
The Rent Administrator's order, appealed herein, determined that
the rent for rent stabilized apartments should be reduced to the
level in effect prior to the last rent guideline increase which
commenced before the effective date of the order based upon a
diminution of elevator services and further determined that the
maximum legal rent for rent controlled apartments should be reduced
by percentages of the maximum legal rent varying between 3 percent
to 13 percent. The Rent Administrator's order was based upon an
inspection held on January 6, 1987 which showed that the elevator
was not operating at the time of the inspection.
On appeal, the petitioner-owner stated that he has done extended
repair work to the elevator and that, at present, it is in
satisfactory condition. The owner adds that if the elevator was
inoperative at a particular time, it was because repairs were being
undertaken and parts were removed for replacement. At such times,
signs were posted advising the tenants of repairs. The owner
submitted copies of receipts showing elevator repair work done on
August 1, 1986 and August 19, 1987.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
In the instant case, 25 tenants joined in a complaint filed on
December 6, 1986 alleging that the elevator was frequently
inoperable and does not ascend to the 6th floor.
The complaint was sent to the owner on October 21, 1986 but no
response was received.
The physical inspection on January 6, 1987 found that the elevator
was inoperative and the inspector did not note any signs posted
regarding repairs in progress. No evidence was submitted by the
owner to the Administrator regarding repairs made after the
inspection and before the issuance of the order.
Since the scope of review in administrative appeals is limited to
a review of the facts or evidence before the Administrator, the
evidence of repairs submitted by the owner for the first time with
the petition may not be considered, in the absence of any explana-
tion for the failure to submit this evidence before the issuance of
the Administrator's order.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for a reduction 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 owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) to include
Section 2202.16 of the Rent and Eviction Regulations provides, that
an owner's failure to maintain essential services may result in an
order of decrease in maximum rent, in an amount determined by the
discretion of the Rent Administrator. Essential services are
defined by Section 2200.3 to include elevator service.
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 January 6, 1987, and that
pursuant to Section 2523.4(a) of the Code and Section 2202.16 of
the Rent and Eviction Regulations the Administrator was mandated to
reduce the rent upon determining that the owner had failed to
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, and the Rent and Eviction Regulations for
New York City, it is,
ORDERED, that this administrative appeal be, and the same hereby
is, denied, and the Administrator's order be, and the same hereby
Upon a restoration of services the owner may separately apply for
a rent restoration.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner