CA430252RO
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.: CA430252RO
SOLIL MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: BC430008B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 29, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 19, 1988. The order concerned various
housing accommodations located at 25 West 68th Street, New York,
N.Y. The Administrator directed restoration of services and
ordered a decrease in the maximum and stabilized legal rents.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on March 4, 1987 when 27 of the
74 tenants filed a Statement of Complaint of Decrease in Building-
Wide Services wherein they alleged, in substance, that the owner
was not maintaining certain required or essential services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner failed to file a response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on May 21, 1987. The
building was reinspected on May 22, 1987. The inspector reported
that basement storage space has ceased and that no doorman was
being provided.
The Administrator issued the order here under review on
January 19, 1988. A $10.00 per month rent reduction was ordered
for rent controlled tenants. A rent reduction of an amount equal
to the most recent guideline adjustment was ordered for rent
stabilized tenants.
The owner filed an administrative appeal on January 29, 1988
CA430252RO
wherein it alleged, in substance, that there had been no reduction
in services. The petition was served on the tenants on March 7,
1988.
Various tenants filed responses wherein they stated, in sum,
that the order here under review was correctly issued and should be
affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The scope of review in an administrative appeal is limited to
facts or evidence presented to the Administrator unless it is shown
that such facts or evidence could not have been presented. The
owner did not file a response before the Administrator and has
offered no excuse from this default. Therefore, the arguments
raised on appeal may not be considered.
The order here under review is affirmed. The automatic stay
of the retroactive rent abatement that resulted for rent stabilized
tenants by the filing of this petition is vacated upon issuance of
this order and opinion.
The Commissioner notes that the owner has sought and been
granted rent restoration (Docket Nos. CC410011OR, CL430015RP).
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
Deputy Commissioner
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