DHCR Decisions
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:EC110497RO
Kan P. Sun, RENT ADMINISTRATOR'S
DOCKET NO.:CH110370S
SUBJECT PREMISES:
41-06 54 Street
Apt. 3R
Woodside, NY
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 October 3, 1989 concerning the housing
accommodations relating to the above-described docket number.
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 on August 18, 1988 by filing a
complaint asserting that the owner had failed to maintain various
services in the subject apartment including, but not limited to,
fallen bathroom wall tiles, rotten bathroom vanity due to water
leaks and humidity, and leaking bathroom sink.
In answer, the owner denied the allegations and otherwise asserted
that services are being provided and maintained.
Thereafter, on September 15, 1989, a physical inspection of the
subject apartment was conducted by a DHCR staff member who reported
that the bathroom wall tiles in the area around the bathtub are in
need of grouting, the bathroom vanity is loose and the bathroom sink
pipe is covered with tape.
By an order dated October 3, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends that he never received a copy
of the inspection report; the inspection findings are different from
the complaint; the tenant installed the bathroom vanity; and the
conditions were corrected prior to the issuance of the order.
DHCR mailed a copy of the petition to the tenant.
EC110497RO
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 services. The
owner's petition does not establish any basis to modify or revoke
the Administrator's determination based on the September 15, 1989
inspection which confirmed the existence of defective conditions,
warranting a rent reduction.
The owner has no due process right to receive a copy of the
inspection report when he has been served with the tenant's
complaint. (Empress Manor Apartments v. NYS DHCR, 538 NYS 2d 49, 147
AD 2d 642, February 21, 1989). Additionally, the inspection findings
are not remote from the tenant's allegations in the complaint about
the fallen bathroom wall tiles, rotten bathroom vanity due to water
leaks and humidity, and leaking bathroom sink.
The unsubstantiated allegation raised for the first time on appeal,
that the tenant installed the bathroom vanity is beyond the scope of
review, which is limited to the issues and evidence before the
Administrator.
The allegation that the conditions were corrected prior to issuance
of the Administrator's order is belied by the report of an
inspection conducted less than three (3) weeks prior to the issuance
of the order. Furthermore, there is no indication in the record that
the owner notified the Administrator of any repair work performed
prior to the issuance of the order.
This Order and Opinion is issued without prejudice to the owner's
right to file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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