DJ620194RO
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.: DJ620194RO
ARTHUR OLSEN RENT ADMINISTRATOR'S
DOCKET NO.: DF620836S
SUBJECT PREMISES:
4341 Gunther Avenue
Apt.#4E
PETITIONER Bronx, N.Y.
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued on September 20, 1989 concerning
the above-described housing accommodations.
The Commissioner has reviewed all of 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 23, 1989 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 required repairs
were done and that it had been difficult to obtain access.
On September 7, 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 September 20, 1989, the Administrator directed
the restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that there were
access problems caused by the tenant, that he had requested a
hearing below which had not been granted, and that the conditions
cited in the Administrator's order were either caused by the tenant
or were the tenant's responsibility to repair as a result of work
done by the tenant without the owner's permission.
DJ620194RO
DHCR mailed a copy of the petition to the tenant who answered,
stating that she never refused access to her apartment, that the
complained of conditions have not been corrected and that it was
the owner's responsibility to correct the specified deficiencies.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent & Eviction Regulations,
the Administrator may impose a rent reduction when there has been
a reduction in essential services. The owner's petition does not
establish any basis to modify or revoke the Administrator's
determination based on the September 7, 1989 inspection which
confirmed the existence of defective conditions, warranting a rent
reduction.
The Commissioner notes that the owner submitted no evidence or
documentation of any kind either with his answer below or with this
petition in support of his contention concerning access. The
Commissioner further notes that the owner's assertion that the
tenant was responsible for repairing the deficiencies was raised
for the first time in this petition and so is beyond the scope of
review, which is limited to those issues and evidence that had
originally been before the Administrator.
As to the owner's claim that the Rent Administrator should have
conducted a hearing, the Commissioner finds that the scheduling of
hearings is a matter within the sole discretion of the Administra-
tor. The Rent Administrator's failure to conduct a hearing does
not constitute error.
Division records indicate that the owner filed an application to
restore the rent which was granted in part on October 15, 1990,
under Docket No. EC620124OR. A second application to restore the
rent filed by the owner was granted on November 7, 1990, under
Docket No. DK620013OR.
THEREFORE, in accordance with the Rent & Eviction 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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