BJ 410214 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.: BJ 410214 RO
22 MOUNT MORRIS PARK, INC. - OWNER,
DRO DOCKET NO.: Z-BF 410051-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 21, 1987, the above-named petitioner filed a Petition
for Administrative Review against an order issued on September
16, 1987 by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York concerning the housing accommodations known as
22 Mount Morris Park West, Apartment 5-W, New York, New York
wherein the Administrator determined that there had been a
decrease in services and reduced the rent to the level in effect
prior to the last rent guideline increase.
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.
The tenant commenced this proceeding on June 10, 1987 by filing a
complaint of a decrease in services, alleging numerous service
deficiencies including defective plumbing, defective kitchen
appliances and the need for painting and plastering.
A copy of the complaint was sent to the former owner (Mark Kahn)
on June 24, 1987.
The owner failed to answer the complaint.
On July 3, 1987, a staff member of the Division of Housing and
Community Renewal (DHCR) conducted a physical inspection of the
subject premises which confirmed the truth of the tenant's
Based on the foregoing inspection, the Administrator determined
that there had been a decrease in services and reduced the rent
to the level in effect prior to the last rent guideline increase.
In the appeal, the petitioner seeks to reverse the order.
Contending that the DHCR lacks jurisdiction to entertain the
complaint, the owner asserts that the complainant is not a tenant
but a trespasser/squatter who occupies the subject premises
without permission and against whom the owner has instituted
BJ 410214 RO
The tenant did not respond to the petition although afforded the
opportunity to do so.
The Commissioner is of the opinion that this petition should be
The purpose of an administrative appeal is to correct any error
of law or fact in the Administrator's order.
Pursuant to Code Section 2529.6 the scope of review of a PAR
shall be limited to facts or evidence before the Rent
Administrator. The petitioner in the instant case failed to
answer the complaint and has offered no excuse to explain its
default. Accordingly, the Commissioner finds that the issue
raised by the owner cannot be considered de novo in this appeal.
Moreover, rent stabilized apartments are the jurisdiction of the
DHCR. The legality of the putative tenancy is a factual issue to
be determined by a court of competent jurisdiction.
The Commissioner notes that although the Administrator could have
based its determination on the owner's default, a physical
inspection of the subject premises revealed serious service
deficiencies. The owner is reminded that pursuant to the Rent
Stabilization Law and Code all required services as defined in
Section 2520.6 must be maintained.
The owner is further reminded that the subject building must be
registered as is required by the Rent Stabilization Law and Code.
A copy of this order is being sent to the current tenant.
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,