GB530244RO
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GB530244RO
RENT ADMINISTRATOR'S
SASSON REALTY MANAGEMENT DOCKET NO.: EB5300198B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW AND
MODIFYING RENT ADMINISTRATOR'S ORDER
On February 13, 1992, the above-named owner filed a timely
petition for administrative review against an order issued
concerning the housing accommodation known as 350 Manhattan Avenue,
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 the petition.
The tenant commenced the proceeding below by filing a
complaint asserting that the owner had failed to maintain required
services. In particular, the tenant complained of:
(1) a missing lock on the outside door,
(2) an inoperative elevator,
(3) peeling paint and plaster on the hallway walls,
(4) peeling paint and plaster on the apartment walls, and
(5) cracks on the worn stairs.
In an answer, the owner denied all allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed.
Thereafter, on May 3, 1991 and September 9, 1991, a staff
inspector conducted an on site inspection of the subject apartment
and reported as follows:
(1) peeling paint and plaster in the public hallways, and
(2) cracked landings on the 2nd, 3rd, and 4th floors.
GB530244RO
Based thereon, the Rent Administrator, by order dated January
21, 1992, directed restoration of these services and further
ordered a reduction of the legal regulated rent.
In the petition for administrative review, the owner asserts
that the hallways were unpainted because certain apartment doors
were being replaced. The owner also asserts that the cracked
landings have been fixed.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied, but the order should
be modified.
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 staff inspection
confirming the existence of defective conditions for which the rent
reduction is warranted.
The scope of review in an administrative appeal is limited to
facts or evidence presented to the Administrator. In responding to
the complaint, the owner did not assert the surrounding hallway
repairs. Therefore the Commissioner will not consider the
arguments set forth in the petition.
The Commissioner notes that the complaint in this case was
filed by one rent stabilized tenant and not signed by any other
tenant in the building. The Rent Administrator's order, however,
reduced the maximum legal rent for all rent controlled tenants in
the building by $10.00 per month. Although this issue is not
raised in the petition, the Commissioner is of the opinion that in
the absence of even one rent controlled tenant joining in the
proceding, the jurisdiction of the Rent and Eviction Regulations
was not invoked and there is no authority for the Administrator to
reduce the rents for rent controlled tenants. The $10.00 rent
reduction is, therefore, revoked.
The owner may file a rent restoration application for the one
rent stabilized tenant if the facts so warrant.
The automatic stay of the retroactive rent abatement for the
rent stabilized tenant that resulted by the filing of this petition
is vacated upon the issuance of this order and opinion.
GB530244RO
THEREFORE, in accordance with the Rent Stabilization Law and
Code, the Rent and Eviction Regulations for New York City 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, but modified to revoke the $10.00 per month
rent reduction for rent controlled tenants. Any arrears due to the
owner as a result of this order may be paid by the rent controlled
tenants in the amount of $10.00 per month pursuant to Section
2202.24 of the Rent and Eviction Regulations until all arrears are
repaid.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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