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.: EA510077R0
Payson Associates, RENT ADMINISTRATOR'S
DOCKET NO.: CJ510547S
PETITIONER PREMISES: Apt. 5F
115 Payson Ave.
NY, NY
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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 December 8, 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 this administrative appeal.
This proceeding was commenced on October 19, 1988 by the tenant
filing a complaint that the owner had failed to maintain various
services in the subject apartment.
On November 7, 1988, DHCR submitted a copy of the complaint to the
owner.
Though duly notified to do so, the owner failed to answer the
complaint.
Thereafter, a physical inspection of the apartment was conducted on
November 17, 1989 by a DHCR staff member who confirmed the existence
of peeling paint and plaster throughout the bathroom ceiling.
By an order dated December 8, 1989, the Administrator directed the
restoration of services and ordered the reduction of the stabilized
rent.
In the petition for administrative review, the owner contends in
substance that the tenant refused access to the painter.
EA510077RO
In answer, the tenant denied the allegations in the petition.
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.
In the instant case, the petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services, based on a
November 17, 1989 on-site inspection confirming the existence of
defective conditions. Accordingly, the determination was in all
respects proper and is hereby sustained.
The defense of denied access is beyond the scope of administrative
review, which is limited to the issues and evidence before the
Administrator.
The Commissioner notes that the owner's rent restoration application
(ED510145OR) was granted on October 29, 1990.
The automatic stay of the retroactive rent abatement 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,
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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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