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
APPEALS OF DOCKET NO.:
C. HAYNES, DOCKET NO.:
107-13 Guy Brewer Blvd.
PETITIONER Apt. 2-R
----------------------------------x Jamaica, NY 11433
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on September 10, 1991, concerning the
housing accommodations relating to the above-described docket
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 May 20, 1991, the tenant commenced this proceeding by filing a
complaint asserting that because of a fire in the building, var-
ious basic services were not being provided, including no water,
electricity, stove, sink, bathtub or toilet.
Although duly notified to do so on May 28, 1991, the owner failed
to respond to the tenant's complaint.
On June 12, 1991, the tenant submitted a copy of a fire report
confirming that there had been a fire in the building on January
Thereafter on July 19, 1991, the subject apartment was inspected
by DHCR which confirmed that the electricity and hot water are
not provided to the complaining tenant who is still in occupancy;
that there is evidence of fire on the kitchen wall near the
right side entrance; that the bathroom sink is missing; that the
bathtub is discolored and has stains; that there are missing
light fixtures in the kitchen and the master bedroom; that the
kitchen has evidence of roach infestation; and that it was not
possible to check whether the electrical fixtures and electrical
outlets were defective because electricity was not being
The Administrator directed on September 10, 1991 restoration of
services and established the stabilized rent at $1.00 per month.
In this petition, the owner asserts that there was no fire and
there is no electricity only because the tenant has not paid her
Con Edison bills. The owner further alleges that the tenant
constantly harasses him and refuses to let workmen in.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The tenant-submitted fire report and the Division's own inspec-
tion report confirm that there was indeed a fire in the subject
The owner did not answer the complaint when the proceeding was
before the Administraator and the issues raised for the first
time in the petition are beyond the scope of review of adminis-
trative appeals and may not be considered.
The owner may file a restoration pplicastion when all necessary
repairs have been completed.
Accordingly, moreover the fire and the results of the physical
inspection as set forth above, adequately support the Adminis-
trator's establishment of the legal regulated rent at $1.00 per
month effective the date of the fire.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner