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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.: BI 110155 RO
OLAYIWOLA OLA DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AG 130131 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 17, 1987 the above named petitioner-owner
filed a Petition for Administrative Review against an order of the
Rent Administrator issued August 18, 1987. The order concerned
housing accommodations known as the ground floor located at 86-02
164th Street, Jamaica, N.Y. The Administrator ordered a rent
reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement of
Complaint of Decrease in Building-Wide Services on July 22, 1986
wherein she alleged the following services deficiencies:
1. Laundry room facilities no longer offered for use
of tenants
2. No superintendent available for tenants
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner failed to file a response.
On March 2, 1987 the Administrator sent the parties a request
for information regarding the tenant's allegation of the taking
away of laundry room facilities. Neither party responded to the
request for information.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 3, 1987 and
revealed that the building did not have a superintendent and the
building was not being maintained. The inspector also noted that
a laundry room could not be found.
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The Administrator determined that, since the tenant had failed
to submit any evidence to the request for information regarding the
laundry room, a rent reduction could not be granted on this issue.
However, a rent reduction of the most recent guideline adjustment
was ordered based on the inspector's report concerning the lack of
a superintendent and the fact that the building was not being
maintained. The owner was cautioned to maintain adequate
janitorial services in accordance with the housing maintenance
code.
On appeal the owner states that there has been no service
reduction, and that the building contains a part-time
superintendent and part-time handyman. The tenant did not file a
response.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
Pursuant to 9 NYCRR 2529.6 as well as numerous prior decisions
of the Commissioner, the scope of review in an administrative
appeal is limited to facts or evidence presented before the Rent
Administrator unless it is shown that such facts or evidence could
not have been presented. The owner was given ample notice of the
filing of the complaint yet did not respond to it. Therefore, the
defenses that the owner now raises cannot be considered at this
time.
The Commissioner notes that, pursuant to 9 NYCRR 2523.4 (a) a
tenant may apply to the DHCR for a rent reduction and the rent
shall be reduced upon a finding that the owner has failed to
maintain required services. Pursuant to 9 NYCRR 2520.6 (r),
maintenance and repair are included in the definition of required
services. The Administrator properly made this determination based
on the entire record, including the results of the on-site physical
inspection conducted on February 3, 1987 which revealed that the
building was not being maintained. That report sufficiently
supports a rent reduction even if the building has the part-time
employees that the owner claims it has. The order here under
review is affirmed. The owner may file for rent restoration when
services have been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
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ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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