DD610089RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
DD610089RO
SILMAN REALTY CO.
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CB610048S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 11, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) of an order issued on
March 24, 1989, by the Rent Administrator, concerning the housing
accommodation known as 1120 Wyatt Street, Apartment 4-C, Bronx,
New York, wherein the Administrator listed the specific service the
owner failed to maintain, reduced the rent, and directed the owner
to restore the service.
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 by the administrative appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of a decrease in services dated January 18, 1988. A copy
of the tenant's complaint was served on the owner who responded
that the tenant's complaints had been or would be taken care of.
An inspection conducted by a Division of Housing and Community
Renewal (DHCR) staff inspector on February 21, 1989, revealed that
6 out of 7 of the tenant's complaints had been resolved. However,
the inspector found that the apartment door is weak in the area of
the main lock and that the lock falls out. Consequently, the
Administrator issued an order on March 24, 1989, finding that the
owner had failed to maintain the service and reducing the rent.
In the PAR, the owner contends that the rent should not have been
reduced inasmuch as 6 out of 7 complaints were resolved before
inspection and the remaining complaint, the apartment door and
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lock, were repaired on March 30, 1989, as soon as the tenant
permitted the work to be done.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The scope of review in an administrative appeal is limited to facts
or evidence before the Administrator as raised in the petition.
The owner's contention that the tenant would not allow access is
raised for the first time in this administrative appeal, was not
raised in the owner's answer below, and is therefore outside the
scope of review.
The owner's contention that one unresolved condition out of the
seven raised by the tenant in the complaint does not justify a rent
reduction is answered in the case of Hyde Park Gardens v. DHCR, 140
A.D. 2d 351, 527 N.Y.S. 2d 841 (A.D. 2d Dept. 1988), affd. 73 N.Y.
2d 998, 541 N.Y.S. 2d 345, 73 N.E. 2d 101 (Ct. App. 1989), the
court held that once DHCR determined that a diminution in required
services has occurred, the Division must order a rent reduction.
Since the defective condition listed in the rent reduction order
obviously constitutes a diminution of services, the Administrator
properly reduced the rents pursuant to the holding in Hyde Park
Gardens, supra.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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