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.:
PETITIONER DE 210767-S
----------------------------------x PREMISES: 286 Clinton
Street, Apt. 3-A,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued 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 by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer dated August 4, 1989, the owner asserted that all
required repairs would be completed during the week of August 7,
Thereafter on June 25, 1990, an inspection of the subject apart-
ment was conducted by a Division of Housing and Community Renewal
(DHCR) inspector who confirmed the existence of defective condi-
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that repairs had been performed in August 1989, as
asserted in its answer, that the tenant had not complained about
the problem after that, and that it was improper to base a rent
reduction on an inspection almost a year later.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Although the owner had submitted with the petition some evidence
that repairs were done prior to the issuance of the order, none
of the evidence was submitted to the Administrator and therefore
may not be considered for the first time on appeal. Moreover,
even though the inspection took place several months after the
owner says the repairs were done, there would have been no
evidence of defective conditions at the time of inspection if the
repairs had been done properly and in a workmanlike manner.
This Order and Opinion is issued without prejudice to the owner's
right to file an application with the Division for a restoration
of rent based upon a restoration of services, if the facts so
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 Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA