STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ED610092RO
H & H Properties,
DOCKET NO.: CK610751S
2415 Morris Avenue
Bronx, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on March 29, 1990 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 November 22, 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 many repairs were
done, that they were in the process of completing the rest of the
repairs, and that it had been difficult to obtain access.
On February 28, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated March 29, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
had not provided access.
DHCR mailed a copy of the petition to the tenant, who answered
stating that the complained of conditions have not been corrected.
The landlord submitted a response stating that repairs were done.
Copies of work orders and a letter concerning access were attached.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the copies of the work orders and the
copy of the letter to the tenant requesting access attached to the
owner's response to the tenant's answer in this proceeding were
submitted for the first time on this appeal and are therefore
beyond the scope of review, which is limited to those issues and
evidence which had originally been before the Administrator.
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. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
February 28, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction. The issue of
denied access was not adequately substantiated by the owner in the
proceeding below before the Administrator or in this petition.
The rent will be restored only when an owner's application to
restore the rent is filed and granted. The owner is advised to
file such an application if the facts so warrant.
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
and Operational Bulletin 84-1, 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,
LULA M. ANDERSON