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.:
BB410105RO
: ADMINISTRATOR'S
ORDER NO.: LS004717S
317 WEST 77 STREET CORP.
:
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 3, 1987, the above named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued on
December 31, 1986, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations at 317
West 77th Street, New York, Apartment #5R, wherein the
Administrator ordered a rent reduction based on the results of an
inspection conducted on July 29, 1986 that confirmed several
apartment services decreases cited in the tenant's complaint.
On appeal, the owner requests that the order be reversed on the
grounds that the tenant refused the owner access to the apartment
during normal business hours, that the complainant was not the
individual that executed the lease, noting that the parties were
involved in court proceedings regarding this issue, and that the
tenant had not paid rent since August 1985.
The tenant responded, in pertinent part, that the owner has never
offered to make repairs and that the tenant has never refused the
owner access to the apartment to make repairs if given advance
notice.
The scope of administrative review is limited to consideration of
issues and evidence before the Administrator. While the owner
asserted below that the tenant had refused access to make repairs,
the owner failed to support the assertion by any statement from
workmen and contractors, or advance notice by certified letter or
mailgram, of scheduled appointments to effect repairs during
business hours. The owner's failure to properly raise and
establish the lack of access in the proceedings below precludes
consideration of the issue on appeal.
Docket No.: BB 410105-RO
The Commissioner notes that the Administrator determined the
complaints of inadequate heat and hot water without addressing the
threshold issue raised in the owner's answer below that heat and
hot water were not required base date services for the subject
accommodations. It is noted the hot water was found to be
adequate. However, the Administrator's finding that thermostats
were defective was inconsistent with the inspector's report that
this condition could not be ascertained because it was not the
heating season at the time of inspection. Consequently, the
Administrator's finding that the thermostats were defective must be
revoked.
The Order is issued without prejudice to the tenant's right to file
a complaint if heat and hot water are presently inadequate. If a
complaint is filed, the owner and the tenant are advised to cite
the instant determination in their papers.
In the absence of Court determinations against the tenant, the
owner's further claim that the parties were involved in lease and
dispossess proceedings in Court are not pertinent to these
proceedings.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be and the same hereby is
denied. The Administrator's Order is affirmed, as modified.
Issued:
Joseph A. D'Agosta
Deputy Commissioner
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