DOCKET NUMBER: AL-420259-RO
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. AL-420259-RO
:
GILDA AND ROBERT RODRIGUEZ, : DISTRICT RENT ADMINISTRATOR'S
: DOCKET NO. LC 003687-S
:
PETITIONERS. :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 1986, the above-named landlords filed a petition
for administrative review of an order issued on November 10,
1986, by a District Rent Administrator, concerning the housing
accommodation known as Apartment 4, 349 West 84th Street,
New York, New York, wherein rent was reduced due to diminution of
service.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised in the administrative appeal.
On May 8, 1985, the subject tenant filed an application for a
reduction in rent based on the owner's alleged failure to
maintain certain services.
On June 11, 1986 a physical inspection of the subject apartment was
carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the complained-of
conditions were as alleged by the tenant.
On November 10, 1986 the District Rent Administrator issued the
order here under review, finding that a diminution of services
had occurred and reducing the tenant's rent by $10.50 per month,
pursuant to the Rent and Eviction Regulations.
The landlords' petition asserts that the tenant has refused
access to his apartment to allow repairs to be done, and that the
landlord has done repairs when access was provided.
The Commissioner is of the opinion that the petition should be
denied.
As the issue raised in the petition -- the alleged failure of the
tenant to provide access -- was not raised in the proceeding
DOCKET NUMBER: AL-420259-RO
before the District Rent Administrator, it is outside the scope of
the Commissioner's review and will not be considered in this
administrative appeal proceeding. As the District Rent
Administrator's order is otherwise proper on its face, the
Commissioner is of the opinion that it should be affirmed. Even
if this issue were properly before the Commissioner, it is noted
that the landlords' assertion of the tenant's failure to provide
access is unsubstantiated in any event.
THEREFORE, in accordance with the City Rent and Rehabilitation Law
and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrators's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: AL-420259-RO
DRO Docket No/Order No.: LC 003687-S
Tenant(s): JOHN JANEDIS
Owner: GILDA AND ROBERTO RODRIGUEZ
Code Section:
Premises: 349 West 84th Street, New York, NY, Apartment 4
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
Tenant filed complaint for service reduction. Administrator
ordered a $10.50 per month rent reduction. Landlord's Petition
asserts that repairs were not done because tenant denied access.
Commissioner denies Petition because the landlord failed to raise
the issue of access to the Rent Administrator.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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