ADM. REVIEW DOCKET NO. BJ 130141 RO
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. BJ 130141 RO
: D.R.O. DOCKET NO.
BB 110746 S
Dennis R. Bradley - Tenant
MOHAMMAD A. MALIK - OWNER
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 14, 1987, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
October 5, 1987 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning the housing accommodation
known as 134-37 Maple Avenue, Apartment No. 1F, Flushing, New York
wherein the Administrator reduced the rent.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
On February 17, 1987, the tenant commenced this proceeding by
filing a complaint of a decrease in services, alleging that the
ceilings in the apartment leaked and that the apartment required
painting.
A copy of the complaint was sent to the owner.
Although given the opportunity to do so, the owner did not
answer the complaint.
In a conversation with a DHCR inspector on July 23, 1987, the
superintendent of the subject building stated that everything in
the subject apartment had been fixed.
On August 4, 1987, a staff member of the DHCR conducted a
physical inspection of the subject apartment which confirmed the
allegations in the tenant's complaint.
In the order issued on October 5, 1987, based upon the
foregoing inspection and upon the owner's failure to respond, the
Administrator determined that there had been a decrease in
services, directed the owner to restore the services and reduced
ADM. REVIEW DOCKET NO. BJ 130141 RO
the rent to the level in effect prior to the last rent guideline
increase.
In the appeal, the owner submits a copy of an answer which it
states was submitted in response to the complaint and contends
that the order should be reversed because the failure to effect
repairs was caused by the tenant's refusal to provide access.
The tenant did not respond to the petition although given the
opportunity to do so.
The Commissioner is of the opinion that this petition should
be denied.
Code Section 2525.6 limits the scope of review of an appeal
to those facts or evidence in the record of the proceeding below.
A review of the record in the instant case reveals that there is
no answer to the complaint contained therein. Accordingly, it
would be improper to consider de novo on appeal the owner's
contention regarding lack of access. Moreover, the owner's
contention is belied by the superintendent's statement on July 23,
1987 in which the superintendent indicated everything had been
fixed.
This order is without prejudice to the owner's right to apply
for a restoration of rent, if the facts so warrant.
The tenant is reminded that Section D26-10.07 of the Housing
Maintenance Code provides in pertinent part that no tenant shall
refuse to permit the owner access to make repairs.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied and the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO. BJ 130141 RO
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