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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.:
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The 400 East 58th Street Co.,
RENT ADMINISTRATOR'S
DOCKET NO.:
FJ420391S
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 August 6, 1992, concerning the housing
accommodations known as 400 East 58th Street, Apt. 10A, 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. The tenant cited, among other things, that
the kitchen floor had holes and cracks.
In an answer, the owner denied the allegations set forth in the
complaint, or asserted that the tenant refused to cooperate with
the owner's efforts to ascertain conditions requiring repairs, or
otherwise asserted that required repairs had been or will be
completed.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector reported holes in the kitchen
linoleum. Other services were found to have been maintained.
The Rent Administrator directed restoration of the service and
further, ordered a reduction of the controlled rent.
In the petition for administrative review, the owner states, for
the first time on appeal, that a new kitchen floor had been
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installed in February 1992. In support, the owner submits a copy
purchase order, dated December 26, 1991, for kitchen tiles for
Apartment 10A, and a copy of a cancelled check.
After careful consideration the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Rent Administrator may impose a rent reduction where there has
been a decrease in essential services, furnishings or equipment,
among other things. The owner's petition does not establish a
proper basis for modifying or revoking the Rent Administrator's
order which determined, based on an inspection, the existence of a
defective condition in the subject apartment for which a rent
reduction is warranted. The evidence 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 of kitchen floor repairs allegedly
completed prior to the order, submitted for the first time on
appeal, could not be considered, since scope of review is limited
to evidence and issues submitted to the Rent Administrator for
consideration.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that the petition be, and the same hereby is denied, and
that the Rent Administrator's order be, and same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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