GF410136RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GF410136RO
YORKSHIRE HOUSING ASSOCIATES,
RENT ADMINISTRATOR'S
DOCKET NO.:
FI410717S
PETITIONER
-----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 9, 1991, the above-named owner filed a timely petition
for administrative review against an order issued concerning the
housing accommodation known as 401 East 81st Street, New York,
New York.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain required
services. In particular, the tenant complained of wet ceilings in
both the bedroom and living room.
Although the D.H.C.R. afforded the owner an opportunity to respond,
the owner failed to do so.
Thereafter, a Division of Housing and Community Renewal (DHCR)
inspector examined the premises and reported the existence of the
following defective conditions:
1. Peeling paint and plaster on ceiling bedroom.
2. Unpainted plaster areas in the living room
ceiling.
3. No exposed plumbing pipes or leaks in the
apartment ceiling.
4. No leaks, stains, or water damages in the bed-
room closet.
GF410136RO
After the inspection, the Rent Administrator directed restoration
of these services and further ordered a reduction of the legal
regulated rent.
In the petition for administrative review, the owner mentioned the
reoccurring nature of this condition. The owner also asserted that
the tenant had failed to cooperate in granting access to the
apartment.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the scope of review in an administra-
tive appeal is limited to the facts or evidence presented to the
Administrator. Here, the owner had failed to enter these allega-
tions into the Administrator's record. Therefore, this petition
does not establish any basis for modifying or revoking the
Administrator's order which determined that the owner was not
maintaining required services based on a physical inspection
confirming the existence of defective conditions for which a rent
reduction is warranted.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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
Deputy Commissioner
|
