ART 12908 B
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.: ART 12908 B
NEVILLE DICKS RENT
ADMINISTRATOR'S DOCKET
NO.: 74565 OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 18, 1986 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 15, 1986 concerning the housing
accommodations known as Apt. 1C located at 724 East 216th Street,
Bronx, N.Y. The Administrator issued an order granting the owner's
application for rent restoration.
This Commissioner has reviewed the record and carefully
considered that portion relevant to the issues contained in this
administrative appeal.
The owner commenced this proceeding on May 1, 1985 by filing
an application to restore rent. In that application the owner
stated that it had restored services for which a rent reduction
order had been issued on March 22, 1984 (see Docket No. 74565 P).
The tenant was served with a copy of the application and afforded
an opportunity to respond. No response was received.
On July 15, 1986 the Administrator issued the order here under
review. Based on a review of the evidence in the record the
Administrator granted the application. Rent restoration was
ordered in the amount of $38.50 per month effective June 1, 1985.
On appeal the tenant states that he did respond to the
application, that the repairs to his apartment were not completed
and that the Administrator erred in choosing June 1, 1985 as the
effective date for rent restoration. The tenant attached three
photographs to the petition, which are offered to show that repairs
still had not been completed. The owner did not file an answer to
the petition for administrative review.
After careful consideration of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
ART 12908 B
The Commissioner finds that the tenant has not submitted
sufficient evidence to rebut the Administrator's finding that
services have been restored. He did not submit a copy of the
answer allegedly sent to the Administrator or any proof that such
an answer was sent to or received by the Division. Since the scope
of review in administrative appeals is limited to a review of facts
or evidence that was before the Administrator, the photographs
included with the petition may not be considered by the
Commissioner. Furthermore, a review of the record reveals that the
Administrator properly chose June 1, 1985 as the effective date for
rent restoration. If the the owner is not maintaining services,
the tenant's remedy is to file a new complaint with the DHCR. The
order here under review is affirmed.
THEREFORE, pursuant to 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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