ADM. REVIEW DOCKET NO.: GC 210093 RO
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.:
GC 210093 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
FH 210241 S
ELAINE DILLARD,
Premises: 215 Ralph Ave.,
PETITIONER : Apt. 4R,
------------------------------------X Brooklyn, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations relating to the above described docket number.
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 by the petition.
The tenant commenced the proceeding below by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
The owner did not interpose an answer to the tenant's
complaint.
Thereafter an inspection of the subject building was conducted
by a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of defective conditions.
The Rent Administrator directed restoration of these services
and further ordered, a reduction of the stabilization rent.
In the petition for administrative review, the owner states,
in pertinent part, that the tenant denied access to the owner's
workmen for the purpose of restoring services.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
ADM. REVIEW DOCKET NO.: GC 210093 RO
The Commissioner notes that the owner's allegation, that the
tenant denied access to the apartment for the purpose of restoring
services was not raised by the owner while the proceeding was
pending before the administrator even though the owner was afforded
an opportunity to do so. Since the scope of administrative review
is limited to the facts or evidence which were raised before the
administrator and this allegation was not raised, it may not now be
considered for the first time on administrative appeal.
Concerning the owner's claim that the tenant fails to
cooperate in providing access, the Commissioner notes that a "NO-
access" inspection may be conducted if the tenant fails to provide
access to correct the condition cited. It is noted however, that
in order to schedule a "no-access" inspection, the owner must
comply with the requirements set forth in Policy Statement 90-5:
Arranging Repairs No Access Inspections, available to the parties
upon request. In pertinent part, the owner must submit proof that
the owner was unable to obtain access even though two letters were
sent to the tenant attempting to arrange access dates. Each letter
must have been sent at least eight days before the proposed date
for access, and the second letter must have been sent by certified
mail.
Accordingly, based on a preponderance of the evidence, the
Commissioner finds that the owner has offered insufficient reason
to disturb the Administrator's determination and that the
Administrator properly based his determination on the entire
record, including the results of the on-site inspection conducted
in the subject apartment.
This Order and Opinion is issued without prejudice to the
owner's rights as they may pertain to an application to the
Division for a restoration of rent based upon the restoration of
services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the District Rent Administrator's order be, and
the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. REVIEW DOCKET NO.: GC 210093 RO
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