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 February 21, 1992, concerning the housing
accommodations known as 400 East 58th Street, Apt. 7G, New York,
New York, wherein the Rent Administrator determined the tenant's
complaint of decreased services.
The Commissioner has reviewed all 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 requiring repairs, or
otherwise asserted that required repairs had been or would be
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector reported peeling paint and plaster
throughout the apartment, and that the apartment required painting.
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 that the
tenant refused to provide the owner access to paint and plaster the
apartment during the pendency of the proceedings below, but has
since consented to provide said access.
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, 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's petition does not establish proper basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction is
warranted. The evidence the owner submitted 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
The owner did not substantiate its allegation on appeal, that the
tenant refused the owner access to make repairs until after the
Rent Administrator's order. The affidavit by a member of the
owner's building maintenance staff that the tenant advised that he
is not ready to have the repair done does not warrant
reconsideration of the Rent Administrator's determination below.
Moveover, the owner's submissions on appeal are beyond the scope of
review which is strictly confined to issues and evidence presented
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