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
APPEAL OF DOCKET NO.: FJ130158RO
ANN BENDICK REALTY RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On October 18, 1991 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued September 16, 1991. The order concerned
various housing accommodations located at 33-24 Parsons Blvd.,
Flushing, N.Y. The Administrator directed restoration of services
and ordered a rent reduction for failure to maintain required
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The proceeding was commenced on August 7, 1990 when 38 tenants
of this 114 unit building joined in filing a Statement of Complaint
of Decrease in Building-Wide Services wherein they alleged, in sum,
that the owner was not maintaining certain required services. The
complaint was assigned Docket No. EA130108B. The Commissioner
notes that, on August 7, 1990, one tenant filed an additional
building-wide services complaint wherein he alleged, in relevant
part, that the garage roof gate and garage roof door were defective
and that the parking lot was dirty. The complaint was assigned
Docket No. EH130058B. In an order issued by the Administrator on
March 19, 1991, the proceeding in Docket No. EH130058B was
terminated because it was being consolidated with Docket No.
The owner was served with a copy of the complaints and
afforded an opportunity to respond. On September 21, 1990 the owner
filed a response to the complaint assigned Docket No. EH130058B and
stated, in sum, that it had investigated the tenant's complaint and
had removed debris from outside the building. The owner also
stated that the garage door was operating properly and that the
garage roof gates are fire exits that may not be locked.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on April 22, 1991 and
revealed the following:
1. Right side elevator did not stop level on second,
fifth and sixth floors,
2. Entrance doors leading to both garages and the
garage door leading to the back yard parking lot
3. Parking lot has broken asphalt and concrete; right
side of parking lot has debris accumulation; center
of lot flooded,
4. Garage roof gate on right side has collapsed.
All other services were found to have been maintained:
On May 31, 1991 the Administrator sent the owner a notice
wherein the owner was apprised of the above noted inspector's
report and afforded an opportunity to make repairs and submit proof
of such repairs to the Administrator. On June 21, 1991 the owner
submitted a signed statement to the Administrator to the effect
that the required repairs had been made.
The Administrator ordered another physical inspection of the
subject building. The inspection, which was conducted on July 11,
1991, revealed evidence of debris accumulation in the parking lot,
collapsed garage roof gate, and defective right side garage door.
All other services were found to have been maintained.
The Administrator issued the order hereunder review on
September 16, 1991 and ordered the rents of all tenants who signed
the complaint reduced by the percentage of the most recent
guideline adjustment for tenants' leases commencing before
September 1, 1990.
On appeal the owner states, in relevant part, that a rent
reduction was ordered for tenants who did not sign the complaint,
that tenants who do not use the garage or parking lot were
erroneously granted a rent reduction, that the garage roof gate did
not collapse, that the right garage door is working properly, that
only the tenants in the right side garage are affected by such
door, that the debris accumulation cited in the Administrator's
order is on land that the owner does not own, and that the cited
conditions are too trivial to warrant a rent reduction. The
petition was served on the tenants on November 19, 1991.
Various tenants filed responses wherein they stated, in sum,
that the order hereunder review was correctly issued and should be
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the order hereunder review should be affirmed as
The Commissioner notes that the proceeding bearing Docket No.
EH130058B was initiated by only one tenant (Apt. 2E). No other
tenant joined in the filing of this complaint. The allegations
regarding the debris in the parking lot, collapsed garage roof gate
and defective garage door were not contained in Docket No.
EA130108B, which was filed by the other tenants who were granted a
rent reduction by the Administrator. The Commissioner is of the
opinion that, since only one tenant complained about the conditions
for which a rent reduction was ultimately ordered, then only that
tenant should be granted a rent reduction. Therefore, the order
hereunder review is revoked for all tenants except the occupant of
With regard to all other arguments raised by the owner, the
Commissioner has reviewed the owner's answer to the complaint in
Docket No. EH130058B in that answer. The owner did not raise in
that answer any of the defenses now raised in the petition, except
to state that the conditions had been investigated and repaired.
The scope of review in an administrative appeal is limited to facts
or evidence submitted to the Administrator unless the owner
explains why such facts or evidence could not have been submitted.
With regard to all arguments that were not submitted to the
Administrator, the Commissioner will not consider them on appeal.
With regard to the owner's statements that the roof gate is not
collapsed, the Commissioner finds that reports of the DHCR
inspector, described above, to be dispositive of the issue. The
owner has not rebutted the report. The order hereunder review is
affirmed with regard to the occupant of Apt. 2E.
The automatic stay of the retroactive rent abatement which
resulted from the filing of this petition is vacated upon issuance
of this order and opinion. The Commissioner notes that the owner's
rent restoration application, which was assigned Docket No.
FK130011OR, has been granted by the Administrator.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Rent Administrator's order be, and
the same hereby is, affirmed as modified herein. Any tenant who
owes arrears based on the Commissioner's decision herein may pay
off said arrears in twelve (12) equal monthly installments or
immediately if the tenant vacates the apartment.
JOSEPH A. D'AGOSTA