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 21, 1992, concerning the
housing accommodations known as 400 East 58th Street, Apt. 10C, 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 cracks on the frame tops of
the bedroom and living room windows, a freezer compartment door
missing from the refrigerator, a stove pilot light shut off due to
a leak, and an inaudible intercom audio. 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 states that
any delays in restoring all services were due to tenant's refusal
to provide access, and that various repairs were completed both
before and after the Rent Administrator's order, when the tenant
permitted access. In support, the owner submits work orders and
invoices of completed repairs.
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
However, the owner does not establish basis for modifying or
revoking the Rent Administrator's order that the owner was not
maintaining required services. The additional evidence submitted
by owner in the proceedings below did not rise to the level
sufficient to trigger a "no-access" inspection, detailed in Policy
Statement 90-5: Arranging Repairs No Access Inspection.
The additional evidence of repairs completed prior to the order,
submitted for the first time on appeal, as well as claims of
repairs completed after the date of the Rent Administrator's order,
could not be considered, since scope of review is limited to
evidence and issues submitted to the Rent Administrator for
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