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 March 4, 1992, concerning the housing
accommodations known as 400 East 58th Street, Apt. 17G, 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 ceiling peeling
paint and plaster apartment-wide that were in need of repairs, leak
damage by the bedroom window, a loose kitchen cabinet door handle,
a bedroom window frame and sash that were rotten and in need of
scraping and painting, a kitchen door and bedroom closet door that
did not close shut, mice droppings in the kitchen, and very low
voice volume on the intercom. The inspector also reported that
repairs were underway in the bathroom at the time of inspection.
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 repairs were substantially completed
prior to the Rent Administrator's order. In support the owner
submits, among other items, the superintendent's affidavit that
repairs were substantially completed, and letters mailed on
February 4, 1992 by certified mailing and on February 18, 1992,
with a certificate of mailing, requesting access to paint the
apartment, which were not submitted to the Rent Administrator for
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
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 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 repairs completed prior to the order,
submitted for the first time on appeal, and 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 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