FK 110141-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FK 110141-RO
RENT ADMINISTRATOR'S
WILLIAM HAUGH, DOCKET NO.:
FG 110462-S
PREMISES:
41-01 67th Street
PETITIONER Apt. 41, Woodside, NY
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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 September 20, 1991, concerning the
housing accommodation 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 by fili g a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment.
In his answer, the owner asserted th t painting had been com-
pleted.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defective condi-
tions.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In his petition for administrative review, the owner states, in
substance, that the tenant has not allowed access o the apart-
ment.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the owner's allegati n is not sup-
FK 110141-RO
ported by any substantiating evidence and that this allegation
was not raised before the Rent Administrator in the original
proceeding. Accordingly, pursuant to Section 2529.6 of the Rent
Stabilization Code the allegation may not be considered now when
raised for the first time on administrative appeal.
Moreover, the owner had three months from the date of service of
the tenant's complaint until the issuance of the administrator's
order to investigate the tenant's complaints and to make the
necessary repairs, but failed to do so.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
A tenant may apply to the Division of
Housing and Community Renewal (DHCR) for a
reduction of the legal regulated rent to the
level in effect prior to the most recent
guidelines adjustment and the DHCR shall so
reduce the rent for the period for which it
is found that the own r has failed to main-
tain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner finds that the Rent Administrator properly based
his determination on the entire record; including the results of
the on - site physical inspection conducted on October 21, 1991
and that pursuant to Section 2523.4(a) of the Code, the Rent
Administrator was mandated to reduce the rent upon determining
that the owner had failed to maintain services.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
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 Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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