STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FE410010RT
Steven & Debra Tanger
DOCKET NO.: EH410055OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 2, 1991, the above-named petitioner-tenant filed a Petition
for Administrative Review (PAR) of an order issued on March 27,
1991, by the Rent Administrator, concerning the housing
accommodation known as 265 East 66th Street, New York, N.Y., Apt.
17-E, wherein the Administrator determined that the owner's
application for a restoration of rent should be granted, effective
September 1, 1990, based upon the tenant's failure to submit a
response to the DHCR's notice of January 2, 1991. The owner's
application to restore rent alleged that the tenant was denying its
workers access to the subject apartment for the purpose of
restoring painting services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
restored the rent of the subject apartment.
On appeal, the petitioner-tenant asserted that the effective date
of the rent restoration order should be December 31, 1990 (when
painting services were actually completed) and not September 1,
The petition was served on the owner on May 13, 1991, and on June
9, 1992, it filed an answer to the petition stating that the tenant
failed to provide access on May 31, 1990, when the owner was ready,
willing and able to restore services, but instead granted access
after September 5, 1990. The owner alleged that the tenant failed
to answer the owner's application for a restoration of rent after
having been given an opportunity to do so.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The Housing and Maintenance Code provides:
S D26-10.07 Owner's right of access---No tenant shall refuse to
permit the owner or his agent or employee, to enter his dwelling
unit or other space under his control to make repairs or
improvements required by this Code or other law or to inspect such
apartment or other space to determine compliance with this code or
any other provision law, if the right of entry is exercised at a
reasonable time and in reasonable manner. The department may by
regulation restrict the time and manner of such inspections.
The Commissioner notes that on May 31, 1990, after having been
refused access to the subject apartment, the owner hand delivered
a notice to the tenant requesting alternative access dates, on or
before, June 14, 1990, but that the tenant failed to make such an
The file also reveals that the Rent Administrator mailed a properly
addressed notice, dated January 2, 1991, to the tenant which
afforded the tenant an opportunity to answer the appplication.
The tenant did not respond to the DHCR notice and defaulted in the
Since the scope of administrative review is limited to the facts or
evidence which were raised before the Rent Administrator and the
issue of the date services were restored was not raised below; it
may not now be considered for the first time on administrative
With regard to the issue of the effective date of rent restoration
ordered by the Administrator, the Commissioner notes that it is the
policy of the DHCR to order rent restoration for rent stabilized
tenants effective the first rent payment date following service of
the application on the tenants.
The rent restoration application was served on the tenant on August
24, 1990 and, therefore, the effective date of September 1, 1990 is
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, and that the
Administrator properly restored the rent upon determining that the
tenant had defaulted below.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and same hereby is, affirmed.
JOSEPH A. D'AGOSTA