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 18, 1992, concerning the housing
accommodations known as 400 East 58th Street, Apt. 6B, 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
on the living room walls and the bedroom ceiling, a stove pilot
light that did not function , and shelves missing from the kitchen
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
the stove has been repaired and that the shelves were replaced even
though the cabinet was the tenant's property. The owner asserts
paint and plaster repairs will be completed when the tenant
provides access previously denied.
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 Access Inspections.
The additional evidence that the owner completed repairs pursuant
to the order does not warrant modification of the Rent
Administrator's order on appeal, since the determination was
correct when issued. Moreover, it is beyond the scope of review,
which is strictly limited to issues and evidence presented to the
Rent Administrator for consideration. The owner did not
substantiate the allegation that the tenant failed to provide the
owner access for painting and plastering repairs.
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