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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 12, 1987, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
October 14, 1987, by the Rent Administrator, concerning the housing
accommodation known as 112-22 37th Avenue, Corona, New York, Apt.
C-6, wherein the Administrator denied the owner's application for
rent restoration on the basis that the condition which resulted in
the rent reduction had not been corrected.
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.
The proceeding was commenced on October 2, 1985 when the owner made
application for rent restoration stating in its application that a
new stove was installed in the apartment in August, 1985. A
physical inspection conducted by a Division employee on September
24, 1987 confirmed that the conditions cited in the rent reduction
order (QS001323S) of August 14, 1985 had not been corrected other
than the stove replacement. The rent reduction order directed the
owner to repair the space between the wall and floors and correct
the mice infestation condition.
On PAR the owner contends that the Rent Administrator's order
should be reversed, because the tenant prevented access to make
repairs. The owner asks for a new inspection and a restoration of
The Commissioner is of the opinion that the petition should be
Pursuant to Section 2529.6 of the Rent Stabilization Code, the
scope of review in administrative appeals is limited to a review of
facts of evidence that were before the Administrator unless it is
established that certain facts or evidence could not reasonably
have been offered or included in the proceeding prior to the issu-
ance of the order being appealed. The owner had ample opportunity
to advise the Administrator in the proceeding below if repair
efforts were being hampered by the tenant's denial of access.
Moreover, the rent restoration application merely stated that a new
stove had been installed and made no mention of any repairs to
correct the conditions for which the rent was reduced.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the
physical inspection, and that the record presented is sufficient to
establish that the conditions that gave rise to the rent reduction
have not been corrected.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA