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.: CE430020RO
E.J.S. REALTY DOCKET NO.: BG430097B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 6, 1988, the above-named owner filed a timely petition
for administrative review against an order issued concerning the
housing accommodation known as 75 St. Nicholas Place, New York, New
York, Apt. 3D.
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 in the petition.
The tenants commenced the proceeding below by filing a
complaint asserting that the owner had failed to maintain required
Although afforded an opportunity, the owner did not interpose
Thereafter, on February 2, 1988, a staff inspector conducted
an on site inspection of the subject apartment and confirmed the
existence of these defective conditions.
Based thereon, the Rent Administrator, by order dated April
15, 1988, directed restoration of these services and further
ordered a reduction of the maximum legal rents for rent controlled
In the petition for administrative review, the owner asserts
that the necessary repairs are now completed.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
This 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 staff inspection
confirming the existence of defective conditions for which the rent
reduction is warranted.
The Commissioner notes that the scope of review in an
administrative appeal is limited to facts or evidence presented to
the Administrator. In the proceeding below, not only did the owner
fail to assert the completion of the necessary repairs, but also
the owner failed to respond to the complaint. The Commissioner
will not therefore consider the arguments set forth in the
It should be noted that this proceeding concerns whether the
owner failed to maintain certain essential services. Accordingly,
whether the services may now be potentially restored has no bearing
on the confirmation that the owner had failed to maintain such
services at the time of inspection.
The owner may file a rent restoration application if the facts
THEREFORE, in accordance with the Rent and Eviction
Regulations for New York City, 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, affirmed.
Joseph A. D'Agosta