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.:EI210032RO
Lincoln Realty, RENT ADMINISTRATOR'S
145 Lincoln Road
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 2, 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 June 21, 1989 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 all repairs were
On July 16 and 19, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated August 2, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done; that a copy of a court stipulation made on January 18, 1989
before the tenant's complaint concerning non-payment of rent settled
this matter; and that the tenant may not be a legal tenant.
In answer, the tenant denied the allegations in the petition and
otherwise asserted that the defective conditions continue to exist.
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 July
16 and 19, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner's contentions that a copy of a court stipulation settled
this matter and that the tenant may not be a legal tenant were not
raised in the proceeding below before the Administrator and are
raised for the first time on appeal. Accordingly, these contentions
are beyond the scope of review which is limited to the issues and
evidence before the Administrator.
The owner's rent restoration application (FH210005OR) was denied on
May 14, 1992.
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