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.: CD610191RT
a.k.a. Elizabeth Fuentes,
DOCKET NO.: BH610552S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 1058 Southern Boulevard, Apt. 408, Bronx,
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.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment. She stated that there was no refrigerator,
stove or bathroom sink in the apartment, and that she paid for them
upon moving in.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed and that most of the items on the complaint
are duplicate requests made by the tenant in other proceedings.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector, on January 28, 1988, who confirmed that there
were no defective conditions at the time of inspection and that the
conditions have been corrected.
The Rent Administrator denied the complaint and terminated the
In its petition for administrative review, the tenant states, in
substance, that the cold from outside gets into the closet, causing
humidity which damages her clothes and that it also comes through
the livingroom which causes the apartment to be cold.
The DHCR served a copy of the petition on the owner on June 6,
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the
tenant, where it is found that an owner has failed to maintain
required services which are defined in Section 2520.6(r) to
include, but are not limited to repairs, decorating and
maintenance, the furnishing of light, heat, hot and cold water,
elevator services, janitorial services and removal of refuse.
An inspection confirmed that the conditions contained in the
complaint had been corrected. Based on this inspection, the
Administrator properly determined that a rent reduction was not
warranted. The tenant's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was maintaining required services based on a
physical inspection, on January 28, 1988, confirming that the
refrigerator, stove, and bathroom sink in the subject apartment
were not defective. Based on this inspection, the Administrator
properly determined that a rent reduction was not warranted.
The Commissioner has considered the tenant's claim on appeal that
air is coming through her closet. The instant petition does not
address the subject of the order being appealed but raises new
conditions for the first time which are beyond the scope of review
of this appeal proceeding.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA