STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC610342R0
1560 SELWYN REALTY CORP./
BRONISLAVA LEVIN, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: BH610001OR
PETITIONER PREMISES: 1560 Selwyn Ave.
Apt. No. 6B
Bronx, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 8, 1988 concerning the housing
accommodations relating to the above-described docket number.
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 this administrative appeal.
This proceeding was commenced on August 4, 1987 by the owner filing
an application to restore rent based on the restoration of services.
On October 23, 1987, the Division transmitted a copy of the owner's
application to the tenant.
The tenant filed an answer, denying in substance that services were
Thereafter, an on-site inspection of the subject apartment was
conducted on December 8, 1987 by a Division staff member who
confirmed that the refrigerator door gasket is defective and there
is roach infestation in the apartment.
Based on the inspection results, the Administrator denied the
owner's application on February 8, 1988.
In the petition for administrative review, the owner contends that
a replacement refrigerator was provided and a sign is posted in the
building advising all tenants of monthly exterminating services.
On May 31, 1988, the Division mailed a copy of the owner's petition
to the tenant who responded that the replacement refrigerator had
been defective, that she participated in the monthly extermination
which failed to get rid of the roach infestation.
On September 16, 1988, the owner submitted various copies of work
orders dated subsequent to the February 8, 1988 issuance of the
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Administrator's determination was based on an on-site inspection
report finding the continued existence of a defective refrigerator
door gasket and roach infestation within the apartment. The owner's
petition fails to rebut this determination which was in all respects
proper and is hereby sustained.
The owner's submission of copies of work orders dated subsequent to
the issuance of the order appealed is beyond the scope of
administrative review which is limited to the issues and evidence
before the Administrator.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
The Commissioner notes that a rent restoration application
(CE620089OR) was granted on February 7, 1989.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby, is affirmed.
JOSEPH A. D'AGOSTA