BI 230079 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 230079 RO
H. CALVIN SITORUS DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AH 230181 B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 3, 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 located at 338 14th Street, 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 tenants commenced this proceeding by filing a Statement
of Complaint of Decrease in Building-Wide Services on August 14,
1986 wherein they alleged the following services deficiencies:
1. Failure to provide maintenance
2. Mice and roach infestation
3. Tenant forced to do own painting
4. Water pressure weak
5. Security door inadequate
6. Lack of bells throughout building
7. No superintendent
One tenant wrote to the Administrator on October 1, 1986 and
stated her wish to drop the complaint. Since 4 other tenants had
joined in the building-wide complaint the Administrator continued
the processing.
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner failed to respond.
The Administrator ordered a physical inspection of the
subject building. The inspection was conducted on February 19,
1987 and March 30, 1987. The inspector reported evidence of
roach infestation and unclean public areas. Complaints relating
to individual apartments were not appropriate for processing in
this building-wide services proceeding.
The Administrator issued the order here under review on
August 17, 1987 and ordered a rent reduction of $7.00 per month
for rent controlled tenants and the most recent guideline
adjustment for rent stabilized tenants. The reduction for rent
controlled tenants was effective September 1, 1987 and the
reduction for rent stabilized tenants was effective October 1,
1986.
On appeal the owner states that the public areas of the
building are regularly cleaned and that exterminating had been
done on February 20, 1987 except for Apts. 3L and 4L. The
tenants did not file responses.
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 scope of review in an
administrative appeal is limited to facts or evidence presented
before the Rent Administrator. The owner was served with a copy
of the complaint yet did not avail himself of the opportunity to
respond. Therefore, the Commissioner cannot consider the owner's
defenses raised for the first time on appeal. The Commissioner
does note, however, that the unsupported allegations of the
petitioner are insufficient to rebut the report of the DHCR
inspector which revealed a failure to maintain services for which
a rent reduction is warranted. The order here under review is
affirmed.
The Commissioner notes that the owner has filed for rent
restoration but that the Administrator denied the application on
March 13, 1988. The owner may file another rent restoration
application when all conditions are corrected.
THEREFORE, pursuant to the Rent Stabilization Law and Code
and Rent and Eviction Regulations 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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