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.:
DAVID E. HENRY,
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 3-R located at 353 Marion
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 September 19, 1988, 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 October 20, 1988, a staff inspector conducted an on
site inspection of the subject apartment and reported as follows:
1. Peeling paint and plaster on the
2. Worn out toilet tank internal parts,
3. Hole in the bathroom floor,
4. Peeling paint and plaster on bed-
rooms 1, 2 and 3 ceilings and walls,
5. Two broken kitchen windows,
6. Unlevel kitchen floor with missing
7. Holes in bedrooms 1, 2 and 3 floors,
8. Two broken front bedroom windows,
9. Broken mailbox, and
10. Defective bell and buzzer system.
Based thereon, the Rent Administrator, by order dated February 2,
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, in
sum, that the repairs are now completed. The petition was served
on the tenant on June 11, 1989.
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 Commissioner notes that the scope of review of the proceeding
is limited to facts or evidence that was provided to the
Administrator unless it can be shown that such facts or evidence
could not be presented. The owner failed to respond below and has
offered no excuse for this default. Accordingly, the owner may not
raise his defenses on appeal.
The owner may file a rent restoration application if the facts so
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,
JOSEPH A. D'AGOSTA