ADM. APPEAL DOCKET NO. BA - 420236 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 APPEAL
APPEAL OF DOCKET NO.
BA - 420236 RO
:
DRO DOCKET NO.:
AC - 420453 - S
MICHAEL SAPERSTEIN
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 28, 1987, the above-named petitioner-owner filed
an Administrative Appeal against an order issued on January 20,
1987 by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
216 West 108th Street, Apt. 3 - R, New York, New York.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment by $4.00 per
month, effective on the first rent payment day following the
issue date of the District Rent Administrator's order.
The District Rent Administrator's order, appealed herein was
based upon the findings of an inspection held by the DHCR on
September 10, 1986. Although the inspection report showed that
most deficiencies were corrected by the owner, the same report
noted the owner's failure to repair four windows.
On appeal, the petitioner-owner claimed that the tenant
delayed his access to the premises, but that when access was
provided, the window and other repairs were corrected.
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeal should be denied.
A review of the file reveals that a copy of the tenant's
complaint was mailed to the owner on April 3, 1986.
In the owner's answer filed on April 23, 1986, the owner
responded, inter alia, that the owner's inspection of the
premises showed the windows to be in good condition.
The Commissioner notes that the owner's allegation, that the
ADM. APPEAL DOCKET NO. BA - 420236 RO
tenant delayed access to the apartment for the purpose of
repairs, was not raised by the owner, while the proceeding was
pending before the administrator and is unsubstantiated by any
evidence in the record. Since the scope of administrative review
is limited to the facts or evidence, which were raised before the
administrator and this allegation was not raised, it may not now
be considered for the first time on administrative appeal.
Accordingly, based on a preponderance of the evidence the
Commissioner finds that the owner has offered insufficient reason
to disturb the administrator's determination and that the
administrator properly based his determination on the entire
record, including the results of the on-site inspection conducted
in the subject apartment.
This Order and Opinion is issued without prejudice to the
owner's right to file the appropriate application with the
Division for restoration of rent based upon a restoration of
services, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied and that the District Rent Administrator's order be, and
the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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