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.:
55 REALTY CORP., DOCKET NO.:
55 Winthrop Street
PETITIONER Apt. 6-D, Brooklyn, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued 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 below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer, the owner asserted that all required repairs had
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defecti e condi-
tions, to wit - a broken toilet seat and vermin infestation.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
inter alia that the tenant's complaint contained no allegation of
a broken toilet seat and that extermination services are supplied
monthly but that access is a problem.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part.
The Commissioner notes that the tenant did not complain about a
broken toilet seat. Accordingly, the owner was not on notice as
to this item; therefore it must be removed as a basis for the
rent reduction which was ordered. The Commissioner notes that
the owner did not allege a denial of access when this case was
pending before the Rent Administrator and that this allegation is
unsupported by any substantiating evidence. Accordingly, pursuant
to Section 2529.6 of the Rent Stabilization Code this allegation
may not be considered now when offered for the first time on
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
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, modified to the extent of removing a broken toilet
seat as a basis for the rent reduction. In all other respects
the Rent Administrator's order should be affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner