STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
c/o Raytone Holding Corp.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 1878 84th Street, Apt. C-1, Brooklyn,
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 on
September 8, 1987, asserting that the owner had failed to maintain
certain services in the subject apartment.
The owner did not answer the complaint, although afforded an
opportunity to do so.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on March 29, 1988 who confirmed the existence of
the following defective conditions:
The foyer and kitchen ceilings have water leak damages.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that he did not file an answer because he never received
a copy of the tenant's complaint, and that once he received the
Order Reducing Legal Regulated Rent, he began making the necessary
repairs. He states that the foyer and kitchen ceilings will be
plastered and painted as soon as it is determined that the
apartment upstairs, D-1, is dry. He also states that the work will
be completed within seven days.
The DHCR served copy of the petition on the tenant on August 3,
1988. The tenant asserts that the owner was aware of the
conditions in his apartment because a letter was mailed to the
owner on September 30, 1987, on the tenant's behalf by an elected
official, listing the defects. The tenant also states that the
owner completed the repairs on June 22, 1988.
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
defective 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 owner states that he never received a copy of the tenant's
complaint, however, the complaint was properly addressed to the
owner at the same address indicated on the petition for
administrative review. Although the owner states in a recent
correspondence that the tenant has vacated the premises and he
would like the legal rent restored, the Division's records reveal
that the rent was restored on March 16, 1989 (Docket No.
CF210231OR), and that the tenant is still in occupancy.
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,
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