DE220303RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DE220303RO
Marvin Hellman,
RENT ADMINISTRATOR'S
DOCKET NO.: CB220711S
SUBJECT PREMISES:
3851 Flatlands Avenue
Apt. 4B
Brooklyn, New York
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 24, 1989 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding on January 29, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that necessary repairs
would be done if the tenant provided access.
On March 30, 1989, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions.
A No Access inspection notice was then sent to the tenant and the
owner, advising them of an April 27, 1989 inspection date when the
tenant should be ready to provide access to the owner's worker(s)
and the owner's workers should be ready to perform the repairs at
that time.
Thereafter, a No Access inspection was conducted on April 27, 1989
by a DHCR staff member who again confirmed the existence of various
DE220303RO
defective conditions. The inspector noted that only the tenant was
present at the inspection.
By an order dated May 24, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
DHCR is authorized to order a rent reduction, upon application by
a tenant, where it is found that an owner has failed to maintain
essential services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based
on the March 30, 1989 and April 27, 1989 inspections which
confirmed the existence of defective conditions, warranting a rent
reduction.
The Commissioner further notes that the copies of the work orders
attached to the owner's petition were submitted for the first time
with this petition and are therefore beyond the scope of review,
which is limited to those issues and evidence that were originally
before the Administrator.
The rent will be restored only when an owner's application to
restore the rent is filed and granted. The owner is advised to
file such an application if the facts so warrant.
THEREFORE, in accordance with the Rent Control Law and Regulations
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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