STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
AKAM ASSOCIATES, as Agent, DOCKET NO.:
18-35 Corporal Kennedy St.
PETITIONER Queens, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely petition for adminis-
trative review (PAR) of an order issued concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
On November 3, 1986, eight tenants joined in the filing of a
complaint asserting that the owner had failed to maintain certain
services in the subject building. Among the complained of
1. Hallway carpeting was ripped and shredded.
2. The inner circle parking lot had a large hole.
3. Water damage due to lack of maintenance.
On December 12, 1986, the owner was served with the tenants'
complaint and was afforded an opportunity to comment thereupon.
The owner did not interpose an answer to the tenants' complaint.
The Administrator ordered a physical inspection of the premises.
The inspection was conducted on March 4, 1987, and revealed the
1. Defective public hallway carpeting.
2. Public areas require plastering and painting.
3. Inner circle parking lot had holes.
On August 17, 1987, the Rent Administrator directed restoration
of these services and further ordered a reduction of the sta-
bilized legal rents of all tenants who joined in the complaint.
In the petition, filed on September 21, 1987, the petitioner who
identifies itself as the agent for the owner, states, in substance,
that the repair and maintenance of the building's common area are
the responsibility of the building owner, through its managing
agent. In addition, the petitioner states, in substance, but
without any documentation that the repairs have been performed and
the rents should be restored.
On November 20, 1987, the petition was served upon the tenants
affected by the order appealed herein.
Several tenants answered, disputing that all necessary repairs have
The Commissioner is of the opinion that the petition should be
The Commissioner notes that the owner did not answer the complaint
below, therefore the petitioner's contentions are raised for the
first time on appeal. As such, the contentions are beyond the
scope of review of this administrative appeal which is limited to
a review of facts or evidence before the Rent Administrator.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion. The rent reduction remains in effect until a
rent restoration application is filed by the owner and granted by
Pursuant to Section 2523.4 of the Rent Stabilization Code, Division
of Housing and Community Renewal (DHCR) is required to order a rent
reduction, upon application by a tenant, where it is found that an
owner has failed to maintain required services. The owner's peti-
tion does not establish any basis for modifying or revoking the
Administrator's order which determined that the owner was not
maintaining required services based on a physical inspection
confirming the existence of defective conditions in the subject
building for which rent reductions for all complaining tenants are
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