BI 220185 RO
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 220185 RO
ALMAY REALTY DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AK 220563 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 11, 1987 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 17, 1987. The order concerned housing
accommodations known as Apt C45 located at 1040 Bushwick Ave,
Brooklyn, 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 Services on November 6, 1986 wherein she
alleged the following services deficiencies:
1. Lack of exterminator services
2. Noisy radiator
3. Court-ordered repairs incomplete
4. Bathroom medicine chest lacks mirror; holes in
cabinet under kitchen window
5. Insufficient heat and hot water
6. Dirty and unsanitary basement
7. Dirty apartment due to installations by owner
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner failed to respond to the
complaint.
BI 220185 RO
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 11 and March 18,
1987 and revealed the following:
1. Hot water turned off
The following services were found to have been maintained:
1. No evidence of infestation
2. No evidence of noisy radiator
3. Bathroom medicine cabinet repaired
4. New wall cabinet installed in kitchen
5. Adequate heat.
The Administrator issued the order here under review on August
17, 1987 and ordered a rent reduction equal to 7 1/2 % of the
maximum collectible rent based on the inspector's report.
On appeal the owner states that it has expended considerable
sums to repair the building and, if there was no hot water on the
date of the inspection, the reason was that the boiler was being
repaired. The owner also attaches copies of bills for oil
deliveries and repairs to the burner on various dates in 1986 and
1987. The owner also submitted documentation regarding another
proceeding (AK 120123 HW) wherein the Administrator denied the
tenant's complaint on January 29, 1987 based on an inspector's
report of adequate heat and hot water.
The tenant filed a response on December 4, 1987 and requested
that the order here under review be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the owner did not respond to the
complaint in this proceeding, although given the proper opportunity
to do so. It is settled law that the scope of review in an
administrative appeal is limited to facts or evidence submitted
before the Rent Administrator unless it is established that certain
facts or evidence could not have been raised below.
Section 2202.16 of the Rent and Eviction Regulations provides
that if the owner fails to maintain services, the Rent
Administrator may order a decrease in the maximum rent in an amount
determined by the reasonable exercise of discretion. The record in
the instant case reveals that the tenant complained about certain
conditions at the apartment. The physical inspection conducted on
BI 220185 RO
March 11 and March 18, 1987 revealed inadequate hot water and the
inspector did not report any repairs being done to the boiler at
the time of the inspection. The Administrator was correct in
issuing the order here under review. That order is affirmed.
The Commissioner notes that the owner has filed for rent
restoration and that application was granted on May 9, 1988 (see
Docket No. BI 220052 OR)
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
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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