Docket No.: BK 410332-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.: BK 410332 RO
CHELRAE ESTATES, INC. DISTRICT RENT ADMINISTRATOR'S
& HI-RISE REALTY MGMT., DOCKET NO.: BD 410116-B
PETITIONERS
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 17, 1987, the above-named owners filed a petition for
administrative review of an order issued on November 10, 1987 by a
District Rent Administrator concerning various the housing
accommodations in the premises known as 213 West 18th Street, New
York, New York 10011.
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 for review.
The tenant commenced this proceeding by the filing of a complaint
dated April 13, 1987 asserting that the owner had failed to
maintain certain services in the subject apartme t and building-
wide.
In its answer the owner asserted in substance, that the tenant's
complaints were unwarranted. The agent contended that they had
become the managing agents for the subject building in June 1985
and had since made various installations and repairs pertinent to
the tenant's complaint.
On July 8, 1987 a rent agency inspection revealed that the public
areas required sweeping and mopping, the doorway lock was
inoperative, the areas around Apartments 5A and 5B were rusted,
cracked and leaking, the incinerator rooms were
and the sidewalks and gutters had strewn debris.
On November 10, 1987 the Rent Administrator issued the order here
under review, reducing the rent to reflect a finding that the
public areas required sweeping and mopping, the doorway lock was
inoperative, the area around apartments 5A and 5B was rusted,
cracked and leaking, the incinerator rooms had been eliminated and
the sidewalks and gutters had strewn debris.
In its petition the owner is substance asserts that the tenant's
application was previously denied under Docket No. BD 410101-HW,
that the building is cleaned and mopped at least twice a week, the
doorway lock is operative and that three to four weeks prior to
the filing of its petition, it had requested that the areas around
apartments 5A and 5B be scheduled for repairs. Further, the owner
contends, in substance, that the incinerator rooms were locked
Docket No.: BK 410332-RO
with the tenants' consent and an alternate garbage room built in
the basement of the subject building for their use. Finally, the
owner asserts, in substance, that although the sidewalks and
gutters are swept often they remain dirty because of the heavy
traffic there which it asserts is beyond the owner's control.
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be denied.
The Commissioner notes that although the owner asserts that the
tenant's complaint was previously denied under Docket No. BD-
410101-HW, the agency records reveal that that proceeding stemmed
from a different complaint and did not address the issues
presented by the order appealed herein.
The Commissioner further notes that although the owner, by its
agent, asserts that the doorway lock is operative, this assertion
is belied by the report of agency inspection.
The Commissioner further notes that although the owner asserts
that prior to the filing of its petition it requested that the
areas around apartments 5A and 5B be scheduled for repairs, it has
not asserted that the required repairs were made before the Rent
Administrator's order was issued.
Section 2529.6 of the Code provides that administrative review is
limited to facts or evidence before a Rent Administrator, or if
facts or evidence are submitted with the petition and it is
established that they could not reasonably have been offered or
included in the proceeding prior to the issuance of the order
being appealed, that evidence submitted with the petition may be
considered.
The Commissioner notes that the owner's assertion that the
building is cleaned and mopped at least twice a week is presented
for the first time with the petition and will not be considered
for the first time on appeal. However, it is noted in any event
that the report of agency inspection revealed that the public
areas were very dirty.
Regarding the owner's assertions concerning the incinerator room
and the strewn debris, the Commissioner again notes that these
assertions were first presented with the petition and will not be
considered for the first time on appeal.
Accordingly, the Commissioner is of the opinion the owner's
petition should be denied
Docket No.: BK 410332-RO
THEREFORE, in accordance with the City Rent and Rehabilitation
Law, the Rent and Eviction Regulations, and the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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