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.: EB210044RO
Ludwik Szulc, RENT ADMINISTRATOR'S
207 12 St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely petition for
administrative review (PAR) against an order of the Rent
Administrator issued on January 11, 1990 concerning the housing
accomodations 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 November 25, 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 this complaint
like many others was a result of a rent increase due to major
capital improvement (MCI) grant, and that some of the conditions
Thereafter, a physical inspection of the subject apartment was
conducted on December 28, 1989 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated January 11, 1990, the Administrator directed
the restoration of services and ordered a reduction of the
In the petition for administrative review, the owner contends
in substance that the tenant refused access to repairs and that he
never received any complaint to respond to.
A copy of the petition was mailed 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, the
Rent Administrator 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
determination based on a December 28, 1989 physical inspection
which confirmed the existence of defective conditions, warranting
a rent reduction.
The assertion that the tenant refused access is beyond the
scope of review which is limited to the issues and evidence before
the Administrator. The claim that the owner never received the
complaint is belied by the record indicating that the owner filed
an answer to the complaint in the proceeding below. Accordingly,
the order appealed from was in all respects proper and is hereby
The Commissioner notes that the owner's rent restoration
application (EG210102OR) was granted on February 1, 1991.
The automatic stay of the retroactive rent reduction that
resulted by the filing of this petition is vacated upon issuance of
the Order and Opinion.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA