STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC410173RO
DOCKET NO.: BF420460S
476 W. 165th St. Realty Co./
PREMISES: 476 W. 165th St.
New York, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on January 8, 1988
concerning the housing accommodations relating to the above-
described docket number.
The issue in this appeal is whether the Administrator's order
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 June 18, 1987 by the tenant
filing a statement of complaint asserting that the owner failed to
maintain numerous services in the subject apartment.
On August 5, 1987, the Division transmitted a copy of the
tenant's complaint to the owner.
In an answer filed on September 28, 1987, the owner denied the
allegations as set forth in the tenant's complaint and otherwise
asserted that all services are well maintained.
On November 17, 1987, an on-site inspection of the subject
apartment was conducted by a Division staff member who reported
that the wall mount receptacle of electricity in the living room is
not working; that there is evidence of roach infestation in the
kitchen; that the 2nd bedroom wall is cracked and peeling paint and
plaster; that the bathroom ceiling is cracked and water stained;
and that the 1st bedroom ceiling and walls are cracked.
The Administrator directed the restoration of services and
ordered a reduction of the maximum legal rent.
In the petition for administrative review, the owner contends
that the tenant unreasonably refused and continues to refuse
access. The owner submitted a copy of a postal form to show
mailings on February 12, 1988 to the Division and the apartments
concerned. There is nothing in the petition to show what letters
were sent, whether these letters were by certified mail, or whether
there were return receipts.
On May 27, 1988, the Division sent a copy of the owner's
petition to the tenant.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's petition does not dispute the fact that the
Administrator's order was based upon a staff inspector's report
which found defective conditions within the apartment. The
determination was in all respects proper and is hereby sustained.
The contention that the tenant unreasonably refused access was
not raised in the proceeding below prior to the issuance of the
order appealed from, and is now raised as an unsubstantiated
assertion for the first time on appeal. Thus, this unproven claim
is beyond the scope of administrative review, which is limited to
the issues and evidence before the Administrator.
THEREFORE, in accordance with the Rent and Eviction
Regulations it is,
ORDERED, that the petition for administrative review be, and
the same hereby is, denied, and that the Administrator's order be,
and the same hereby is, affirmed.
Joseph A. D'Agosta