STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
The 400 East 58th Street Co.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued January 29, 1992, concerning the housing
accommodations known as 400 East 58th Street, Apartment 4G,
New York, New York, wherein the Rent Administrator's determined the
tenant's complaint of decreased services.
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 by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint, or asserted that the tenant failed to cooperate with the
owner's efforts to ascertain conditions regarding repairs, or
otherwise asserted that required repairs had been or will be
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector reported walls and ceilings peeling
paint and plaster apartment-wide and in need of repairs, and
evidence of rodent infestation, some broken bathroom floor tiles,
a leaky toilet, a stained bathroom light fixture, and sashes and
frames of two bedroom windows in need of scraping and painting.
Other services were found to have been maintained.
The Rent Administrator directed the owner to restore services and
further ordered a reduction of the stabilization rent.
In the petition for administrative review, the owner reiterates
that any delays in correcting the wall and ceiling defects were due
to tenant's refusal to provide access or stretching out of the time
required to complete repairs by allowing only limited access until
a DHCR inspector came to the apartment to sustain the tenant's
complaints. The owner submits, for the first time on appeal, the
affidavit and statements of the building staff and contractors that
repairs were attempted and/or completed, an additional written
request for access - return receipt requested, and various work
orders and invoices dated both before and after the Rent
Administrator's order to show work completed.
With regard to extermination service, the owner indicated that the
owner's staff has to personally exterminate the apartment as the
tenant does not give access to the owner's extermination contractor
during regular business hours.
After careful consideration the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, the DHCR
is required to order a rent reduction upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner does not establish any basis for modifying or
revoking the Rent Administrator's order that the owner was not
maintaining required services. The evidence the owner submitted
below was insufficient to trigger a "no-access" inspection,
detailed in Policy Statement 90-5: Arranging Repairs No Access
The additional evidence the owner submitted on appeal of various
repairs completed or in progress before the Rent Administrator
issued the order below is beyond the scope of review, which is
strictly confined to issues and evidence submitted to the Rent
Administrator for consideration.
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,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA