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.: CC610343RO
BERNARD PUTTER DOCKET NO.: BF610571S
PREMISES: APT. 5E
1540 PELHAM PARKWAY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely petition for
administrative review of an order issued on January 29, 1988
concerning the housing accommodations relating to the above-
mentioned docket number.
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 this administrative appeal.
This proceeding was commenced on June 30, 1987 by the tenant
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
In an answer filed on September 15, 1987, the owner denied the
allegations as set forth in the tenant's complaint and otherwise
asserted that services are maintained and repairs are being
Thereafter, a physical inspection of the subject apartment was
conducted on November 19, 1987 by a DHCR staff member who confirmed
the existence of defective conditions.
On January 29, 1988, the Administrator directed the
restoration of services and reduced the rent based on the
inspection's finding of the following conditions:
1. defective refrigerator light switch,
2. peeling paint and plaster on bedroom ceiling,
3. leak-damaged ceiling and wall around the terrace door,
4. defective terrace door (not closing properly),
5. broken window sash at master bedroom, and
6. inoperative intercom.
In the petition for administrative review, the owner contends
that repairs have been completed, and submits a copy of a statement
signed on February 26, 1988 by the tenant who "certified" that all
of the above conditions cited by the Administrator's order had been
"corrected and taken care of."
On May 23, 1988, a copy of the owner's petition was mailed to
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's petition fails to rebut the Administrator's
determination based on the November 19, 1987 inspection which
confirmed the existence of defective conditions. The submission in
the petition and not in the proceeding below prior to the issuance
of the Administrator's order of a copy of a statement signed on
February 26, 1988 by the tenant certifying that all repairs were
completed is beyond the scope of the administrative review, which
is limited to the issues and evidence before the Administrator.
Accordingly, the Administrator's determination was in all respects
proper and is hereby sustained.
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, it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
Joseph A. D'Agosta