CE220117RO
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
-----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CE220117RO
NEWTON PRIMUS RENT ADMINISTRATOR'S
DOCKET NO.: BI220238S
PETITIONER
-----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on April 25, 1988 concerning the housing
accommodations known as 1320 St. John's Place, Apartment #6,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services
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.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment. In an answer, the owner stated that the
tenant had denied the owner access to complete repairs.
Thereafter, a "no-access" inspection of the subject apartment was
conducted by DHCR upon notice to both parties. The inspector
reported that the superintendent and the owner were not present
during the inspection. The inspector found that a door knob was
defective, that one bathroom wall was peeling paint and plaster,
and evidence of roach infestation.
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the controlled rent.
In the petition for administrative review, the owner states, in
substance, that the inspector did not come to the apartment.
In addition, the owner submits, for the first time on appeal,
statements and invoices to establish that repairs were made
pursuant to a Housing Court Stipulation.
CE220117RO
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the City Rent & Eviction
Regulations, the Rent Administrator may impose a rent reduction
where there has been a decrease in essential services, furnishings
or equipment, among other things.
The owner's petition does not establish any basis for modifying or
revoking the Rent Administrator's order, which determined that the
owner was not maintaining services based on an inspection conducted
by the impartial DHCR inspector. His report was entitled to, and
was afforded more credibility and weight than the owner's bare
assertion, on appeal, that the inspector failed to keep the "no-
access" inspection appointment.
Evidence of repairs in December 1987, submitted for the first time
on appeal, could not be considered since scope of review is limited
to evidence and issues submitted to the Rent Administrator for his
consideration. It is also noted that the inspection that confirmed
the tenant's complaints was conducted subsequent to the alleged
repairs.
The Rent Administrator's prior determination on February 3, 1988
terminating the tenant's complaint per Docket No. BI220453S, based
on the tenant's failure to provide access to the DHCR inspector,
did not prejudice the tenant's right to relief in other complaint
proceedings.
The owner may file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the Rent & Eviction Regulations for
the City of New York, 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, in accordance with the above.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
