STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DK610023RO
3585 DeKalb Realty,
DOCKET NO.: DC610158OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 8, 1989, the above-named petitioner-owner filed a
petition for administrative review of an order issued on October 6,
1989 by the Rent Administrator, concerning the housing
accommodation known as 3585 DeKalb Avenue, Apt. 1D, Bronx, N.Y.,
wherein the Administrator determined that the tenant, after repairs
to the fire damaged apartment, was refused access to return to the
apartment and denied the owner's application for a restoration of
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 owner of a rent
restoration application dated March 28, 1989 alleging that the
conditions, for which the rent had been reduced under Docket No.
CL610354S, had been corrected.
An inspection conducted by a DHCR staff inspector on August 8, 1989
determined that the tenant as well as the inspector had been
refused access to the apartment. In addition to this the
Administrator found that the owner had failed to respond to two
Agency notices requesting additional information.
In the PAR, the owner states that the tenant surrendered her lease
on September 29, 1989, which was before the issuance of the
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The information presented on PAR, that the tenant surrendered her
lease, was not raised in the proceeding below. It is therefore
outside the scope of review in this administrative appeal which is
limited to facts and evidence which were before the Administrator.
The Commissioner therefore finds that the owner's petition does not
establish any basis for modifying or revoking the Administrator's
The Commissioner notes that the owner was granted a restoration of
rent by order dated July 23, 1990 under Docket No. DK610060OR.
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,
JOSEPH A. D'AGOSTA