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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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D.S. BAGGA, RENT ADMINISTRATOR'S
DOCKET NO.:
035462
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 10, 1987, the above-named petitioner-owner filed a peti-
tion for administrative review of an order issued on June 9, 1987,
by the Rent Administrator, concerning the housing accommodations
known as 85-31 120th Street, Kew Gardens, New York, Apartment 4-E,
wherein the Administrator determined inter alia, that the owner, in
not filing an answer to the tenant's objection to the apartment
registration had defaulted and the factual allegations of the
tenant's objection were therefore deemed admitted. It was further
determined that the owner provides the services cited in the
tenant's objection, with the exception of refrigerator and blinds/
shades which were the property of the tenant. Other services were
determined to be required by law and, therefore, need not be
registered. The tenant was further advised that if the owner is
failing to maintain services, the tenant should file for a rent
reduction with the Office of Rent Administration.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator had properly
determined the tenant's objection to the 1984 apartment
rent/services registration.
On appeal, the petitioner-owner essentially asserted that the
tenant's objections were three years old and not true and that
certain services claimed to be omitted were provided.
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After a careful consideration of the entire evidence of record the
commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2529.6 of the Rent Stabilization Code, the
scope of review in administrative appeals is limited to a review of
the facts or evidence that were before the Rent Administrator,
unless the petitioner establishes that certain facts or evidence
could not reasonably have been offered or included in the
proceeding prior to the issuance of the order being appealed.
In the instant case, the record reveals that the owner was served
on January 7, 1987 and March 27, 1987 with a copy of the tenant's
objection and offered an opportunity to respond within twenty
calendar days. No response was received and an order, based on the
owner's default, was issued on June 9, 1987.
It is noted that in his petition, the owner does not contest the
fact that it did not submit an answer to the tenant's claims below.
The Commissioner finds that the owner may not attempt to refute the
tenant's claims for the first time on administrative appeal.
The Commissioner notes that the record contains a signed withdrawal
statement from the tenant, dated September 19, 1987, but the record
also shows that this statement was executed over three months after
the issuance date of the appealed order. This, therefore, renders
the aforesaid statement nugatory insofar as the instant appeal was
filed by the owner.
Accordingly, the Commissioner finds that the Rent Administrator
properly determined the tenant's objection to the 1984 apartment
rent/services registration.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that this petition, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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