CE210171RO
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.:
CE210171RO
MORLAND ASSOCIATES,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BH210608S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review (PAR) of an order issued concerning the
housing accommodation known as 1375 East 18th Street, Apartment
E-2, Brooklyn, New York.
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.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
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.
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of the following defective conditions:
The ceilings and walls throughout the apart-
ment are cracked and peeling and needs to be
painted.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
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In its petition for administrative review, the owner states, in
substance, that the tenant refuses to give access to the apartment
for repairs.
The DHCR served a copy of the petition on the tenant on July 15,
1988. The tenant answers that she has never denied the owner
access to her apartment. Furthermore, she states that the owner
has never advised her of when he would need access to make the
repairs.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. The owner's petition 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 defec-
tive conditions in the subject apartment for which a rent reduction
is warranted.
The scope of review in administrative appeals is limited to a
review of facts or evidence that were before the administrator.
The failure of the owner to raise the issue of access below and to
submit substantiating evidence precludes consideration of the issue
for the first time in this appeal proceeding.
The Division's records reveal that the rent was restored on
December 29, 1988 (Docket No.: CE210150OR).
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.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
CE210171RO
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby, is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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