DH610484RO
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.: DH610484RO
Naimerg Realty Assoc.,
RENT ADMINISTRATOR'S
DOCKET NO.: CF610190S
SUBJECT PREMISES:
2705 Marion Avenue
Apt. BS
Bronx, N.Y.
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 July 27, 1989 concerning the housing
accommodation 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 June 8, 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 the needed repairs
would be made.
On July 10, 1989, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions.
By an order dated July 27, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
DH610484RO
In this petition, the owner contends in substance that all work was
done. Copies of work orders signed by the tenant were submitted
with the petition.
DHCR mailed a copy of the petition to the tenant who answered on
November 17, 1989, stating that the complained of conditions have
not been corrected other than some minor repairs.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
July 10, 1989 inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The Commissioner notes that the work orders submitted by the owner
with the petition, most of which predate the DHCR physical
inspection, do not disturb the findings of the physical inspection.
Furthermore, a careful review of the record establishes that all of
the work orders were submitted for the first time with this
petition and were therefore not before the Administrator in the
proceeding below and so are beyond the scope of review, which is
limited to the facts and evidence that had originally been before
the Administrator.
Division records indicate that the owner has filed an application
to restore the rent which was granted on September 18, 1990, under
Docket No. DL610061OR.
The automatic stay of the retroactive rent abatement that resulted
from 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 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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