Opinion
June 2, 1998
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
DHCR's determination reducing the rent of complainant, a tenant of rent-stabilized premises, by reason of petitioner landlords' failure to provide required services had a rational basis and was not arbitrary and capricious (see, Matter of Dupont Assocs. v. State Div. of Hous. Community Renewal, 179 A.D.2d 359, lv denied 80 N.Y.2d 760). The tenant's complaint that the refrigerator in her apartment was not working properly, froze food, and leaked, was confirmed by an impartial on-site inspection conducted by DHCR, which disclosed abnormal freezer and refrigerator temperatures, and improperly installed refrigerator gaskets (see, Matter of Howard-Carol Tenants' Assn. v. New York City Conciliation Appeals Bd., 64 A.D.2d 546, affd 48 N.Y.2d 768).
Petitioners' remaining claims either were not raised before the Rent Administrator or were raised for the first time in this proceeding and, accordingly, were not properly before the IAS Court (Matter of Birdoff Co. v. New York State Div. of Hous. Community Renewal, 204 A.D.2d 630; Matter of Fanelli v. New York City Conciliation Appeals Bd., 90 A.D.2d 756, 757, affd 58 N.Y.2d 952).
Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.