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 on February 11, 1992, concerning the
housing accommodations known as 400 East 58th Street, Apt. 4C,
New York, New York, wherein the Rent Administrator 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 these proceedings 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. Other services were found to have
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. In support the owner
submits, among other items, letters mailed on November 4, 1991 by
certified mailing and on February 18, 1992, also by certified
mailing, requesting access to paint the apartment; the second
letter was after the date of the Administrator's order. The owner
also reiterates that exterminating services are provided on a
regularly scheduled basis and more frequently if needed.
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 in
the proceedings below did not rise to the level required to trigger
a "no-access" inspection, detailed in Policy Statement 90-5:
Arranging Repairs No Access Inspection.
The additional evidence of attempts to gain access prior to the
order to complete the painting and plastering repairs, submitted
for the first time on appeal, could not be considered, since scope
of review is limited to evidence and issues submitted to the Rent
Administrator for consideration and, in any event, was insufficient
to warrant reconsideration of the Rent Administrator's order.
The record does reflect that the owner has made good faith efforts
to exterminate over a period of time, and that the exterminator
comes to the building on a regular basis. However, the inspection
confirmed that the measures were ineffective, in that there
remained evidence of rodent infestation.
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