FH 110110 RO
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.: FH 110110 RO
Van Kleeck Associates, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: FC 110390 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 13, 1991, the above named petitioner filed a Petition
for Administrative Review against an order issued on July 25,
1991, concerning the housing accommodations known as 51-25 Van
Kleeck Street, Elmhurst, New York, Apartment 2-G, wherein the
rent administrator reduced the lawful stabilized rent.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the administrative appeal.
On March 19, 1991, the tenant filed a complaint of a diminution
of services alleging that the apartment required painting, there
was vermin and rodent infestation, there was a defective hallway
electrical fixture, there were broken bathroom tiles, defective
faucets, and plaster holes in the bathroom and livingroom.
In response to the tenant's complaint the owner asserted, in
essence, that the tenant failed to advise the owner that there
was a lack of services within her apartment.
On July 25, 1991, the Administrator reduced the legal regulated
rent by the percentage of the most recent guidelines adjustment
for the tenant's lease which commenced before the effective date
of the issued order. This reduction was based upon an inspection
conducted on May 28, 1991, wherein the inspector established that
there existed a decrease of services consisting of:
1 (a) The bathroom ceiling is peeling, paint and plaster;
(b) The bedroom walls and window sills are peeling, paint
and plaster. There is evidence of mildew in the
(c) The living room wall and ceiling above the window is
peeling paint and plaster. There is evidence of mildew
on the livingroom wall.
2. There is evidence of vermin.
3. The kitchen radiator cover is broken.
FH 110110 RO
The owner in his petition for administrative review asserts that
the Administrator's order should be reversed. The petitioner
contends that the tenant does not report any needed repairs
within her apartment and does not provide access to allow the
owner to make the necessary repairs. Additionally, the owner
asserts that he has tried to paint the tenant's apartment but has
not been able to gain access.
The tenant was sent a copy of the owner's petition but has failed
to submit an answer.
The Commissioner is of the opinion that the petition for
administrative review should be denied.
A review of the record indicates that the owner was served with a
copy of the tenant's complaint on March 26, 1991. Moreover, the
Division's inspection of the subject apartment did not occur
until May 28, 1991. Therefore, the owner had ample opportunity
to repair the items which were complained of. In addition the
owner did not raise the issue of the tenant's failure to provide
access to the subject apartment in his answer to the complaint.
Pursuant to Section 2529.2 of the Rent Stabilization Code, a
review of the petition shall be limited to the facts or evidence
before a Rent Administrator as raised in the petition.
Accordingly, the issue of the tenant's failure to provide access
cannot be raised in the petition and must be rejected.
This determination does not bar the owner from applying for a
rent restoration once the services have been restored to the
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.
JOSEPH A. D'AGOSTA