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.: CH110072RO
DOCKET NO.: CA110071S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 29, 1988. the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
July 29, 1988, by the Rent Administrator, concerning the housing
accommodation known as 88-05 Merrick Boulevard, Apt.#9G, Queens,
N.Y., wherein the Administrator determined that the owner was not
maintaining certain services, directed restoration of such
services, and ordered a rent reduction.
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.
A review of the record reveals that the tenant filed a complaint on
January 19, 1988 seeking a rent reduction because the kitchen
cabinet on the wall is unusable due to mold and water seepage, the
heat is inadequate, and the roof leaks in the foyer and living
The owner did not answer the complaint.
A physical inspection on May 18, 1988 by a DHCR employee confirmed
the allegations in the tenant's complaint except for the inadequate
heat aspect which could not be investigated because the outside
temperature was 62 degrees.
The Rent Administrator issued the order appealed herein on July 26,
1988 reducing the rent.
In the petition for administrative review, the owner asserts that
the tenant has repeatedly denied access for repairs, that the Rent
Administrator failed to give the owner notice of the inspection or
the results of the inspection in violation of established DHCR
procedures, and that the tenant already has a rent reduction and is
entitled to only one. The owner enclosed copies of several other
rent reduction orders issued for the same apartment.
In answer to the petition, the tenant stated that he had not
refused access and that all conditions had been corrected except
the kitchen cabinet.
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be denied.
Pursuant to Section 2529.6 of the Rent Stabilization Code the scope
of review in administrative appeals of Rent Administrator orders is
limited to a review of the facts or evidence that was before the
Administrator. The petitioner's failure to raise the denial of
access issue below precludes consideration of the matter for the
first time on appeal.
Contrary to the owner's assertion, DHCR is not required to notify
owners of scheduled inspections or of the results of such
inspections Empress Manor Apts. v. DHCR, 547 NYS2d 49 (2nd Dept.
1989). Service of the complaint on the owner gives the owner
adequate notice of the conditions requiring repair and an
opportunity to effectuate such repairs.
The owner is correct that the tenant is entitled to only one rent
reduction at a time and the order appealed herein specifically so
states. While no further rent reduction is authorized, the owner
is required to restore all services in all pending rent reduction
orders before the rent will be restored.
The Division's records reveal that the owner's application to
restore the rent reduced in this proceeding was granted on May 16,
1989 (Docket No. CH110172OR).
The rent reduction order was properly granted based on the results
of the physical inspection which confirmed that the owner was not
maintaining required services. Section 2523.4 of the Rent
Stabilization Code requires DHCR to reduce the rent in such
situations and the owner's petition does not establish any basis
for modifying or revoking that order.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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