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
DOCKET NO.: GF410126RO
MONTREUX OWNERS CORP./
DOCKET NO.: FK410597S
PETITIONER SUBJECT PREMISES:
342 East 67th. St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 11, 1992 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 issue in this appeal is whether the Administrator's order was
On November 29, 1991, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On December 6, 1991, DHCR transmitted a copy of the tenant's
complaint to the owner.
In its answer filed on December 18, 1991, the owner asserted without
any substantiation or attachment to its answer that the tenant had
refused access to repairs. The owner submitted no proof of certified
mailing and return receipt.
Thereafter, an on-site inspection of the subject apartment was
conducted on March 19, 1992 by a DHCR staff member who reported that
the shower door does not close properly, that there is leak damage
to the foyer wall, that there is evidence of leak damage and stains
in the ceiling of bedroom 1, that the closet of bedroom 1 also has
leaks and stains, and that the apartment hallway needs paint and
Based on this inspection, the Administrator directed on May 11, 1992
restoration of these services and further ordered a reduction of the
In the petition for administrative review, the owner contends in
substance that the tenant refused access, and submits copies of
letters requesting scheduled dates for repairs, its certified
mailings and receipts.
On June 29, 1992, DHCR mailed a copy of the owner's petition to the
The tenant filed an answer on July 2, 1992, stating that he did
respond to every owner's request for access, but the owner never
addressed the source of water leakage from the building roof and
refused the tenant's request to explain how the problem from the
building roof could be repaired from the inside of the apartment.
The tenant submitted copies of his letters in response to the
owner's requests for access.
The tenant's answer was mailed to the owner on July 23, 1992.
In a reply filed on July 31, 1992, the owner stated that the
building roof leak was repaired but the tenant refuses to allow
remaining repairs in the apartment.
On August 11, 1992, the tenant was informed of the owner's reply.
In a response filed on August 24, 1992, the tenant denied ever
refusing access and asserted that he even had lately allowed the
owner's plumber to do repairs in the apartment, that the owner's
defense of denied access is a sham.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Administrator's determination was based upon an on-site
inspection conducted by a staff member who confirmed the existence
of defective conditions. The owner does not dispute the results of
this inspection. Accordingly, the determination was proper in all
respects and is hereby sustained.
The assertion that the tenant refused access was unsubstantiated in
the proceeding below prior to the issuance of the Administrator's
order, and the owner now submits in the petition copies of certified
mailings, return receipts and letters requesting access. The alleged
supporting papers on denied access, vehemently contested by the
tenant's answers to the petition, are beyond the scope of
administrative review which is limited to the issues and evidence
before the Administrator.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA