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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.:
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DOJANI MANAGEMENT,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BB630091B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 14, 1987, the above-named petitioner-owner filed a
petition for administrative review of an order issued on August 25,
1987, by the Rent Administrator, concerning the housing accommoda-
tion known as 346 East 205th Street, Bronx, New York, wherein the
Administrator determined the tenants' complaint of decreased
services building-wide.
The challenged order reduced the tenants' rents based on the
results of an inspection conducted on May 11, 1987, confirming the
tenants' complaints of inadequate janitorial services and inade-
quate security. The inspector reported, among other items, that
the building entrance door lock was defective, and that the halls
and stairways required sweeping and mopping.
On appeal, the owner reiterates arguments made below, that the
conditions were tenant induced, that the public areas are cleaned
frequently and that the front door and lock were being replaced.
The petitioner submits, for the first time on appeal, copies of an
invoice dated March 23, 1987 and cancelled checks dated March 23,
1987 and June 2, 1987, to establish the installation of new front
door equipment. It is noted however, that the date of the instal-
lation was not indicated. Nor could it be ascertained whether the
inspector examined the existing door and lock equipment or the new
equipment.
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The lack of notice to the Administrator of the installation pre-
cluded consideration by the Administrator as to the adequacy of the
repairs, including whether the defects reported were new conditions
not related to the defects reported in the complaint or defect to
the existing equipment.
Moreover, an administrative appeal is strictly limited to a review
of issues and evidence before the Administrator, and not to
consider new claims and evidence. The Commissioner is, therefore,
precluded from considering the owner's new submissions on appeal to
correct the owner's omissions below.
The owner's bare assertion that the public areas are dirty due to
the tenants' behavior, despite frequent cleaning, is not sufficient
reason to disturb the Administrator's finding of inadequate jani-
torial services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the City Rent Control Law, and the City 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
Deputy Commissioner
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