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.:
T.J. Bennett Realty Corp./ RENT ADMINISTRATOR'S
Deborah Jones, DOCKET NO.:
640 West 171st. St.
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 19, 1990 concerning the
housing accommodations relating to the above-described docket
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 in this petition.
The tenant commenced the proceeding on October 13, 1988 by filing
a complaint asserting that the owner failed to maintain various
services in the subject apartment.
In answer, the owner denied the allegations in the complaint and
otherwise asserted that services were being provided and
maintained; that many repairs were done; that other repairs would
be completed; and that the tenant often refused entry to repairmen.
On November 3, 1989, DHCR mailed to the parties involved Notices of
Inspection (For Access), directing them to be present on November
15, 1989 at about 9:00 - 9:30 AM for purposes of repairs and
restoration of services. The Notice of Inspection (For Access)
identified the DHCR staff member who would inspect the subject
Thereafter, a physical inspection of the apartment was conducted at
the appointed time by a DHCR staff member who confirmed the
existence of defective conditions. The owner was not present at the
Based on the inspection results, the Administrator directed the
restoration of services and ordered the reduction of the maximum
legal rent as follows: $1.50 for the rotted living room window
sill, $1.50 for the kitchen window which is difficult to open and
close, $1.50 for the rotted bathroom window sill, and $3.00 for
black smoke stains on the bedroom ceiling.
In the petition for administrative review, the owner contends in
substance that the inspector being a friend of the tenant, the
inspection results are "false"; and that all conditions were
In answer, the tenant denied the allegations in the petition.
In reply, the owner stated that the complaint was "unfounded and
and reinspection by a person other than the initial inspector would
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been
a decrease in essential services, furnishings or equipment, among
The petition does not establish any basis to revoke or modify the
Administrator's determination based on the November 15, 1989
inspection which confirmed the existence of defective conditions,
warranting a rent reduction. The owner was properly notified of the
No Access inspection and its absence at the appointed time was
inexcusable. Accordingly, the order appealed from was in all
respects proper and is hereby sustained.
The Commissioner notes that the Notice of Inspection (For Access)
which was mailed to the owner identified the DHCR staff member who
would inspect the subject apartment.The unsubstantiated contention
that the inspection result was tainted by the inspector's
friendship with the tenant was not raised in the proceeding below
and is now raised for the first time on appeal: thus said
contention is beyond the scope of review.
The Commissioner further notes that the owner's rent restoration
application (FL520184OR) was granted on May 19, 1993. In this
application, the owner stated that it installed new windows and
repaired the defective conditions.
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 and Eviction Regulations,
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,
JOSEPH A. D'AGOSTA