Docket Number: FH 110106-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FH 110106-RO
DISTRICT RENT ADMINISTRATOR'S
ESTATES INC., DOCKET NO.: FD 510549-S
SUBJECT PREMISES:
87-50 167th St., Apt. No. 9D
PETITIONER Jamaica, NY 11432
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 2, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on July 1, 1991,
concerning t e 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.
On April 19, 1991, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment, namely, that "the whole
apartment has smoked, stained (and) smelled due to a fire in the
building in ... March 1991"; that there are leaks in the "kitchen
overhead, bathroom overhead and middle of living room overhead";
that "(t)he apartment walls and ceiling are very dirty"; that "the
windows do not work and some are broke"; that there is rodent
infestation and the building is "dirty."
In its answer filed on May 15, 1991, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that the tenant's apartment was not affected in any way by
the fire; that the owner put the tenant on notice of a clean up
work due to the fire, extermination service and routine maintenance
services, but the tenant "did not avail" herself of said services.
Thereafter on June 6, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
Based on said inspection, the Administrator directed on July 1,
1991 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner contends in substance that all required
repairs were performed on June 9, 1991 and completed on July 10,
1991; that the tenant did not avail herself of the clean-up service
after the fire the extermination service and other routine
maintenance services; that "painting is outside the ambit of the
Docket Number: FH 110106-RO
tenant's complaint; and that it should have (and in fact did not)
receive the inspection results.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's petition offers a vague and insufficient reason to
disturb the Administrator's order, which is based on an inspection
disclosing the complained-of conditions, warranting rent reduction.
If the owner contends that repairs had been made before the order
was issued, then the owner's contention is belied by the report of
the agency inspector. If the owner contends that repairs were made
following the issuance of the Administrator's order, then said
order reducing the rent was correct when issued. The owner's
allegation of repairs after the order's issuance and not submitted
below is beyond the scope of administrative review, which is
limited to the issue and evidence before the Administrator.
Administrative policy and precedent do not require that an owner be
served with a copy of the inspection report. The owner had
received and answered the tenant's complaint in the proceeding
below. Regardless of whether the tenant availed herself of the
services for the subject apartment and the building or whether the
owner should receive the inspection results, the owner had
sufficient notice to investigate the tenant's complaint and to do
necessary repairs prior to the issuance of the Administrator's
order. However, the owner failed to do so.
It is noted that if the tenant's complaint speaks about "dirty"
walls and ceiling, "leaks" ... "overhead", "smoked" and "stained,"
and inspection confirmed the existence of "peeling paint and
plaster" and "walls and ceiling throughout apartment in need ... of
painting", then painting is "within the ambit of the tenant's
complaint" and the owner was properly directed by the Administrator
to also restore this service.
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 District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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