GC410204RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GC410204RO
The 400 East 58th Street Co.,
RENT ADMINISTRATOR'S
DOCKET NO.:
FJ410446S
PETITIONER
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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 12, 1992, concerning the housing
accommodations known as 400 East 58th Street, Apt. 12H, 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 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 conduct repairs, or otherwise asserted that
required repairs had been or would be completed.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector reported that there were cracks on
the bathroom and bedroom ceilings due to leaks, that there was no
smoke alarm and that the apartment required painting. Other
services were found to be maintained.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
GC410204RO
In the petition for administrative review the owner states that the
tenant had ignored a written request by the owner as to whether
painting was necessary and asserts that the tenant subsequently
consented to have the owner install a smoke alarm the tenant had
previously refused.
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 owner's submissions 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 submitted for the first time on appeal, of
further attempts by the owner to obtain access, could not be
considered, since it is 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,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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