STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EA410310RO
(Refile of DK410178RO)
CORONET PROPERTIES c/o
JOHN J. GROGAN and ASSOCIATES,
DOCKET NO.: CJ410627S
74 West 68 St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on October 19, 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 October 24, 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 repairs had been
performed and more repairs were being scheduled and would be
An on-site inspection of the apartment was conducted on October 11,
1989 by a DHCR inspector who confirmed that there was peeling paint
and plaster throughout the apartment.
By an order dated October 19, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In the petition for administrative review, the owner contends that
the tenant refused access on various occasions.
In answer, the tenant denied in substance the owner's allegation.
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
The owner's petition does not establish any basis for modifying or
revoking the Administrator's determination that the owner was not
maintaining required services based on the results of the October
11, 1989 on-site inspection which confirmed the existence of
defective conditions, warranting a rent reduction. The determination
was in all respects proper and is hereby sustained.
The unsubstantiated claim that the tenant refused access was not
raised in the proceeding below prior to the issuance of the
Administrator's order and is now raised for the first time on
appeal. Accordingly, this unproven assertion is beyond the scope of
review which is limited to the issues and evidence before the
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA