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.:EH610335RO
780 P.P. Associates, RENT ADMINISTRATOR'S
780 Pelham Parkway South
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on July 26, 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 owner commenced this proceeding by filing an application to
restore rent based on the restoration of services. The owner also
alleged that the tenant refused to have the apartment painted.
DHCR mailed a copy of the application to the tenant.
On May 25, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the continued
existence of defective conditions.
By an order dated July 26, 1990, the Administrator denied the
owner's application based on the inspection's findings that the
apartment entrance door did not close properly and that the
apartment was painted in an unworkmanlike manner.
In this petition, the owner contends in substance that the apartment
door was repaired subsequent to the issuance of the Administrator's
order and that the tenant refused to have the apartment painted.
DHCR mailed a copy of the petition 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, 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 May
25, 1990 inspection which confirmed the continued existence of
defective conditions, warranting a denial of the owner's
The contention that the tenant refused to have the apartment painted
is not supported by sufficient evidence and fails to rebut the
inspector's report stating that the apartment was painted in an
The contention that the apartment entrance door was repaired
subsequent to the order's issuance is beyond the scope of review,
which is limited to the issues and evidence before the Administrator
in the rent restoration proceeding.
The rent will be restored only when another owner's application to
restore rent is filed and granted. The owner is advised to file such
an application if the facts so warrant.
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, affirmed.
JOSEPH A. D'AGOSTA