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.:
ZANDRIA SMITH, DOCKET NO.:
292 Maple Street
PETITIONER Apt. D-6, Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for administrative
review of an order issued on November 27, 1987 concerning the
housing accommodations relating to the above-described docket
number wherein the Administrator ordered a rent restoration based
on a finding of a restoration of services.
The issue in his appeal is whether the Administrator's order was
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 petition.
This proceeding was commenced on May 7, 1987 by the owner filing an
application for rent restoration based on a restoration of services
for which a rent reduction order (Docket No. AG 210340-S) was
issued on April 21, 1987. Said rent reduction order is based on an
on-site inspection finding that the apartment entrance outer door
knob is missing and the inside knob is loose.
In an answer filed on June 2, 1987, the tenant stated that the
owner installed a new doorknob which does not work properly; and
that she originally complained about replacing the unsecured door,
not the doorknob.
On September 29, 1987, an inspection of the subject apartment was
conducted by a Division staff member who reported that the
apartment entrance outer door has a knob and the inside knob on the
apartment door is tight.
Based on this physical inspection, the Administrator granted the
owner's application and restored the stabilized rent to the level
in effect prior to the rent reduction plus subsequent lawful
increases effective June 1, 1987.
In the petition for administrative review, the tenant contends in
substance that she complained about the building's door and hall-
ways, not about the apartment entrance doorknob.
The owner answered that the Administrator, having based his
determination on an inspection which disclosed completed repairs,
properly restored the rent.
The Commissioner is of the opinion that the tenant's petition
should be denied.
The tenant is precluded from raising in this rent restoration
proceeding an issue which pertains to another proceeding, i.e. the
rent reduction under Docket No. AG 210340-S. The tenant failed to
amend her complaint in that proceeding which already gave her a
rent reduction as to the defective apartment entrance door.
Accordingly, the tenant's claim is beyond the scope of this
administrative review, which is limited to the issues and evidence
before the Administrator in the rent restoration proceeding.
Thus, the Commissioner finds that the Administrator properly based
his decision on the entire record, including the September 29, 1987
inspection which revealed restored services, warranting a rent
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA