STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
WINDSOR PLACE CORP., DOCKET NO.:
1075 First Ave.,
PETITIONER Apt. 3-F, New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject building including the failure o provide exter-
In his answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required
repairs had been or will be completed but did not mention exter-
minator service. Additionally, the owner asserted that the
tenant failed to provide access to have his apartment painted.
Thereafter an inspection of the subject building was conducted by
a D.H.C.R. inspector who confirmed that exterminator service was
not being provided.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the legal regulated rent.
In his petition for administrative review, the owner states, in
substance, that exterminator service is available, however, the
tenant does not provide access.
The tenant interposed an answ r to the owner's petition con-
tending that there is a lack of exterminator service.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the owner's allegation that the
tenant denied access for the purpose of providing exterminator
service in the subject apartment 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 t e evidence the Com-
missioner finds that the owner has offered insufficient reason to
disturb the administrator's determination and th t the adminis-
trator properly based his determination on the entire record,
including the results of the on-site inspection conducted in the
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
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner