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.:
CARPENTER AVENUE ASSOCIATES,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 27, 1989, the above-named owner filed a timely petition
for administrative review against an order issued on March 23, 1989
concerning the housing accommodation known as Apartment 1-B located
at 4225 Carpenter Avenue, Bronx, 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
issue raised in this petition.
The tenant commenced the proceeding below on October 7, 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 November 17, 1988, a staff inspector conducted an on
site inspection of the subject apartment and reported that the
bathroom and bedroom doors do not close properly and that four
kitchen cupboard doors do not close properly.
Based thereon, the Rent Administrator, by order dated March 23,
1989, directed restoration of the service 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 repairs were not completed because the tenant only afforded the
owner limited access. The petition was served on the tenant on
April 28, 1989.
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 re-
voking 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 Division's records reveal that the owner's rent restoration
application was granted (Docket No. DJ610117OR).
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