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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.:
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BEE GEE MANAGEMENT & DISTRICT RENT ADMIN.
J. LEONARD SPODEK DOCKET NO.:
31552 Examining Unit
TENANT:
PETITIONER Gabriel A. Curry Jr.
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 18, 1987, the above-named petitioner-owner filed a Peti-
tion for Administrative Review against an order issued on May 11,
1987 by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning housing accommodations known as Apartment 6-C,
1035 Washington Avenue, Brooklyn, New York, wherein the Rent
Administrator determined that the owner provided certain services
as claimed by the tenant in the tenant's objection to registra-
tion.
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 by the administrative appeal.
The tenant commenced the proceeding below on September 7, 1984 by
filing a timely objection to the owner's apartment registration of
the apartment alleging, in part, that certain services provided
were not registered by the owner, that others were defective, and
that the rent constituted an overcharge.
The owner failed to answer the tenant's objection, although given
the opportunity to do so.
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In Order No. 31552, Examining Unit, the Rent Administrator deter-
mined that, based on the owner's default, "the owner provides all
services cited by the tenant." The tenant was advised to file a
service complaint for any failure to maintain services and also
advised that the owner was not required to register those ser-
vices which are required by law or are normal maintenance or an
integral part of the structure.
In addition, the Administrator noted that the overcharge portion of
the tenant's objection duplicated a prior complaint made to the New
York City Conciliation and Appeals Board prior to April 1, 1984 and
would be processed under Docket No. K-3102475-R.
In this petition, the owner fails to assert any error in law or
fact in the Administrator's order. In particular, the owner does
not deny the default before the Administrator or state any other
reason for this appeal.
On June 8, 1992, a Notice of Opportunity to present further infor-
mation and evidence was served on the owner to set forth objections
to the order being appealed under Docket No. 31552. The record
does not contain any response from the owner.
The Commissioner is of the opinion that this petition should be
denied.
Section 2529.1(a) of the Rent Stabilization Code (Code) requires
that a petition for administrative review (PAR) contain an
allegation of "the errors upon which [the Administrator's] order is
based." Code Section 2529.6 limits the scope of review of a PAR to
the facts or evidence before the Administrator "as raised in the
petition."
By failing to meet its burden of stating error of fact, law or
procedure by the Administrator, the owner is in effect asking for
a de novo consideration of the tenant's objection. Such consid-
eration is clearly beyond the scope of review.
Accordingly, this petition must be denied.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
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the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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