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.:
ZOILA LUCINDA AVILA,
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 3443 Fulton Street, Brooklyn,
New York, Apartment 1-R.
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 January 4, 1989, a staff inspector conducted an on
site inspection of the subject apartment and reported as follows:
1. Vermin infestation in the kitchen area,
2. Broken Mailbox,
3. Incomplete repairs to the large hole on the
bathroom wall, and
4. Hole and water stains on the bedroom ceiling.
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.
In answer to the petition, the tenant denies refusing 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, pursuant to Section 2529.6 of New York City's
Rent Stabilization Code, the Commissioner is not permitted to
consider the owner's arguments set forth in this 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