DI110336RO
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.: DI110336RO
Lawrence Dresner,
RENT ADMINISTRATOR'S
DOCKET NO.: CG110365S
SUBJECT PREMISES:
138-30 68th Drive
Apt. 2C
Flushing, 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 August 23, 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 July 18, 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 work was done
in the subject apartment after the tenant had delayed providing
access.
On August 15, 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 August 23, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
denied access but that they then were able to make the necessary
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repairs after the order had been issued.
DHCR mailed a copy of the petition to the tenant.
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 order based on an August 15,
1989 physical inspection which confirmed the existence of defective
conditions, warranting a rent reduction. The issue of denied
access was unsubstantiated by the owner in the proceeding below
before the Administrator.
The Commissioner notes that the documents submitted by the owner
with his petition concerning the access issue were inconclusive and
did not sufficiently substantiate the owner's allegation. In
addition, these documents were submitted for the first time with
this petition and as such are beyond the scope of review, which is
limited to the issues and evidence which had been before the
Administrator.
The Commissioner further notes that the documents submitted by the
owner with his petition indicating that the repairs were completed
after the issuance of the order fail to disturb the findings of the
physical inspection and, in fact, confirm the existence of the
specified deficient conditions. This assertion is also beyond the
scope of review of this proceeding.
Division records indicate that the owner has filed an application
to restore the rent which was granted on June 6, 1990, under Docket
No. DI110085OR.
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
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that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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