ADM. REVIEW DOCKET NO.: BL 610353 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.:
BL 610353 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BD 610247 S
MARTIN SHAPIRO,
PREMISES: 6 East 167th
St., Apt. No. 42, Bronx,
NY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for
administrative review of an order issued on October 22, 1987,
concerning the housing accommodations relating to the above-
described docket number, wherein the Administrator ordered a rent
reduction based on a finding of a decrease in services.
The issue in this appeal is whether the Administrator's order
was warranted.
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.
This proceeding was commenced on April 6, 1987 by the subject
rent-stabilized tenant filing an individual complaint of decrease
in services, alleging "broken window in living room" and "holes
need to be patched up in bedroom."
On April 27, 1987, the Division sent the owner a copy of the
complaint and the owner filed an answer advising that the "broken
living room window has been replaced with new window" and that the
"bedroom holes have been plastered."
ADM. REVIEW DOCKET NO.: BL 610353 RO
On September 16, 1987, a Division staff member made a physical
inspection of the subject apartment, and reported that two window
panes in the living room are broken on the top east sash and that
the repaired bedroom hole on the west wall needs painting.
On October 22, 1987, the Administrator issued the order
hereunder review, reducing the tenant's rent to the level that was
in effect prior to the last rent guidelines increase effective May
1, 1987, based on a finding of a decrease in services, citing the
above-mentioned items in the inspector's report.
In the petition for administrative review, the owner states
that the "living room windows have been repaired" and that the
"tenant had refused to let me paint just the one room wall that was
ordered" but "wanted the whole apartment done" and "it has since
been done."
In answer, the tenant asserts that "living room windows have
been repaired, however chain and locks in kitchen window has not
been repaired"; that the "bedroom and bathroom have been repainted,
however the rest of the apartment needs a paint job"; and that the
"door entrance lock needs to be checked again by the superintendent
because the lock is not locking properly." The tenant submitted a
copy of a Hearing Court stipulation dated November 24, 1987,
alleging that the owner had not complied with said stipulation.
The Commissioner is of the opinion that the petition should be
denied.
Section 2523.4 of the Rent Stabilization Code requires the
Division to reduce the legal regulated rent, upon application by
the tenant, for the period for which it is found that the owner has
failed to maintain required services. Required services are
defined by Section 2520.6(r) to include repairs and maintenance.
Pursuant to Section 2529.6 of the Rent Stabilization Code, the
scope of review in administrative appeals is limited to a review of
facts or 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
issuance of the order being appealed.
Review of the evidence of record shows that the Administrator
based his determination on the entire record, including the results
of the Division's September 16, 1987 inspection report which
identified and corroborated the tenant's claims in the complaint.
Therefore, the Commissioner finds that the Administrator correctly
determined that pursuant to Section 2523.4 cited above, the owner
ADM. REVIEW DOCKET NO.: BL 610353 RO
had failed to maintain services and pursuant to Section 2520.6(r)
properly reduced the tenant's rent.
The owner's petition does not make clear whether it is the
owner's contention that repairs had been made before the apartment
was inspected or the order was issued, or whether the contention is
that repairs were made following the issuance of the order. If it
is the former, then the owner's allegation is belied by the report
of the agency inspector. If it is the latter, then the
Administrator's rent reduction order was nevertheless correct when
issued.
The Commissioner notes that the tenant originally complained
of living room windows and holes in the bedroom walls. Pursuant to
Section 2529.6 cited above, any other defective conditions as
referred in the November 24, 1987 Housing Court Stipulation
submitted by the tenant are beyond the scope of this administrative
appeal. In addition, said stipulation was made subsequent to the
issuance of the order hereunder review.
The unsubstantiated assertion that the tenant refused and
delayed completion of repairs was also not raised in the proceeding
below and prior to issuance of the Administrator's order and is now
raised as a self-serving, unproven assertion for the first time on
appeal. According to Section 2529.6 cited above, this claim is
again beyond the scope of the administrative appeal.
Since the tenant conceded in her March 15, 1988 answer to the
complaint that the windows were repaired and the bedroom was
painted, the Commissioner is of the opinion that the owner
corrected all conditions for which the rent was reduced and
therefore, the rent should be restored effective April 1, 1988.
The additional conditions that the tenant claims require
repair may be in a new complaint that the tenant may file but are
not appropriate matters for consideration in this appeal.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the rent reduction ordered by the Administrator
be, and the same hereby is, affirmed, but that the rent be and the
same hereby is restored, effective April 1, 1988.
ADM. REVIEW DOCKET NO.: BL 610353 RO
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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