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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.:FI 610062 RO
DISTRICT RENT ADMINISTRATOR'S
HERMAN STEINBERG, DOCKET NO.: EA 610464 S
SUBJECT PREMISES:
846 E.175th Street, Apt. No. 3C
Bronx, New York 10460
PETITIONER
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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 29, 1991, 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 the original proceeding below on January 10,
1990 by filing a complaint asserting that the owner had failed to
maintain certain services in the subject apartment.
In his answer filed on February 28, 1990, the owner requested a
thirty day extension to respond to the tenant's complaint.
In another answer filed on March 28, 1990, the owner alleged that
repairs were commenced but that the tenant refused access.
However, the owner failed to submit certified mail, return receipt
and other evidentiary requirements of Policy Statement 90-5
(Arranging Repairs;No Access Inspection).
Thereafter on July 25, 1991, the subject apartment was inspected
by DHCR which confirmed the existence of numerous defective
conditions.
Based on said inspection, the Administrator directed on August 29,
1991 restoration of services and reduction of the stabilized rent.
In this petition, the owner contends in substance that the tenant
withdrew her complaint pursuant to a stipulation agreement with
the tenants' association dated August 30, 1990, and that services
had been restored.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The alleged stipulation agreement indicating tenant's withdrawal
together with the tenants' association was not submitted by the
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owner in the proceeding below and prior to issuance of the
Administrator's order. The owner raised below other issues as
requesting for an extension and claiming without proof tenant's
refusal of access. In addition, the alleged stipulation does not
apply to an order issued after August 30, 1990, as in this case
which is issued a year later on August 29, 1991. Accordingly,
this alleged withdrawal is beyond the scope of review, which is
limited to the issues and evidence before the Administrator.
All other assertions by the owner cannot withstand the fact that
inspection confirmed the existence of numerous defective
conditions, warranting rent reduction.
This Order and Opinion is issued without prejudice to the owner's
filing an application for rent restoration based on the
restoration of services if the facts so warrant.
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 Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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