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.: DC210092RO
ZOILA AVILA DOCKET NO.: BK210003S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 2, 1989, the above-named owner filed a timely
petition for administrative review against an order issued
concerning the housing accommodation known as Apartment 2F located
at 3443 Fulton Street, Brooklyn, New York.
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 this petition.
The tenant commenced the proceeding below on November 5, 1987
by filing a complaint asserting that the owner had failed to
maintain certain required services.
Although afforded an opportunity to do so, the owner did not
interpose an answer.
Thereafter, on December 30, 1988, a staff inspector conducted
an on site inspection of the subject apartment and reported as
1) Peeling paint and plaster on walls throughout the
2) Defective bathroom cold water faucet,
3) Vermin infestation in the apartment, and
4) Defective livingroom and kitchen windows.
Based thereon, the Rent Administrator, by order dated
February 9, 1989, directed restoration of these services and
further ordered a reduction of the stabilized rent in an amount
equal to the most recent guideline adjustment.
In the petition for administrative review, the owner asserts
that the tenant had refused the owner access.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
The 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 for
which a rent reduction is warranted.
The scope of review in an administrative appeal is limited to
the facts or evidence presented to the Administrator unless it can
be shown that the facts or evidence could not be presented. In the
proceeding below, the owner failed to respond to the complaint.
Having defaulted, the owner's arguments set forth in the petition,
will not be considered in this appeal.
The owner may file a rent restoration application if the facts
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, affirmed.
Joseph A. D'Agosta