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
APPEALS OF DOCKET NOS.:
HOWARD KAYE FOR IRON ASSOCIATES, DOCKET NOS.:
Petitioner Owner BK420567S
ORDER AND OPINION GRANTING, IN PART, TENANT'S PETITION FOR
ADMINISTRATIVE REVIEW, TO THE EXTENT OF REMANDING PROCEEDINGS
PER BJ410105B TO RENT ADMINISTRATOR FOR FURTHER CONSIDERATION,
AND DISMISSING OWNER'S PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review (PAR) of an order issued on February 3, 1989, per BJ410105B
concerning the housing accommodation known as 202 West 84th Street,
New York, New York, wherein the Rent Administrator determined the
tenants' complaint of a reduction of building-wide services.
Based on the results of an inspection of the subject premises
conducted by a DHCR inspector who confirmed the existence of
various defective conditions, the Rent Administrator determined
that there had been a reduction of services, directed the owner to
restore the services and ordered a reduction of each tenant's rent
by the percentage of the most recent guidelines adjustments for the
tenants's lease which commenced before the effective date of the
rent reduction, January 1, 1988, pursuant to stabilization provi-
The above-named owner also filed a timely petition for administra-
tive review of an order issued on June 3, 1988, per BK420567S
concerning the individual accommodations, Apartment 1-RE, wherein
the Rent Administrator determined the tenant's individual complaint
of a reduction of individual apartment services.
Based on the results of an inspection of the subject apartment
confirming the existence of various defective conditions, the Rent
Administrator determined that there had been a reduction of ser-
vices, directed the owner to restore the services, and ordered
specific monetary rent reductions of the tenant's rent, pursuant to
rent control provisions.
The cases have been consolidated for disposition as they involve
common issues of law and fact.
The tenant's petition for administrative review requests that the
Rent Administrator's order per BJ410105B be amended to reflect that
the tenant's apartment unit, 1-RE, is subject to rent control.
In the individual complaint BH420567S, the tenant stated that she
took occupancy on September 15, 1970. In addition to the case
files below, DHCR registration records indicate that the tenant is
a rent stabilized tenant of the subject Apartment 1-RE, as well as
a rent controlled tenant of Apartment 1-R, presumably an adjoining
unit. The Commissioner is unable to establish from the records and
evidence to date whether the apartment is rent stabilized or rent
Accordingly, the tenant's petition is granted, in part, to the ex-
tent of remanding the proceedings per BJ410105B for the purpose of
determining the correct rent regulated status of Apartment 1-RE at
the subject premises. If it is found that the apartment is a rent
controlled unit, the rent reduction amount and the effective date
as well as the Agency's records, shall be amended accordingly.
The owner's petition for administrative review requests that the
Rent Administrator's order per BJ410105S be reversed on the ground
that "all repairs have been completed." The owner does not
challenge the tenant's status as a rent controlled tenant.
The owner's petition for administrative review is dismissed. The
scope of review of an administrative appeal is limited to a review
of the facts and evidence before the Rent Administrator as raised
in the petition. The instant petition raises new facts or evidence
that were not before the Rent Administrator, or otherwise fails to
raise any issue regarding the correctness of the order being ap-
pealed. Consequently the petition must be dismissed for failure to
state a cause of action.
It does not appear to be necessary or appropriate to reconsider the
proceeding under BK420567S at this time. However, the record shall
be transmitted to the Rent Administrator, for consideration in
connection with the remand of BJ410105B. If the Rent Administrator
finds that apartment 1-RE is subject to rent stabilization, the
Rent Administrator may reopen these proceedings under BK420567S,
and issue a rent reduction order consistent with such findings.
The rent reductions granted shall remain in effect pending the
issuance of a new order upon remand. A refund may be due the
tenant, or rent arrears may be due the owner as a result of the
Rent Administrator's order and determination on remand.
The owner may file rent restoration applications if services have
been fully restored, subject to the findings in the order herein,
and the Rent Administrator's determination on remand.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, and the City Rent and Eviction Regulations,
ORDERED, that the tenant's petition for administrative review be,
and the same hereby is, granted to the extent of remanding the
proceedings per BJ4101905B, to the Rent Administrator for further
consideration. It is further
ORDERED, that the owner's petition for administrative review be,
and the same hereby is, dismissed.
JOSEPH A. D'AGOSTA