ADM. REVIEW DOCKET NO.: CI130132RO
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.:
CI130132RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BK120097B
STANLEY GAC
A/K/A STANLEY GAEL
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 7, 1988, the above-named petitioner-owner filed
a petition for administrative review of an order issued on July 29,
1988, by the Rent Administrator, concerning the housing
accommodation known as 45-34 42nd Street, Queens, New York, Various
Apartments, wherein the Administrator determined the tenants'
complaint of a reduction of certain-building wide-services.
The challenged order reduced the rents for rent controlled
tenants by $10.00 based on the results of an inspection conducted
on February 25, 1988 that found inoperative top window sashes and
locks in public area windows throughout the building ($5.00), and
an inoperative door lock on the rear entrance exit door of the
subject premises ($5.00). The Administrator determined that rent
reductions were not warranted for rent stabilized tenants.
However, the owner was directed to restore the services, as well as
to post and display the janitor's name, address and telephone
number.
ADM. REVIEW DOCKET NO.: CI130132RO
The tenants had complained, in pertinent part, that the window
frames and sashes were rotted, that there was no emergency
telephone number posted, that there was no full-time
superintendent, and that the first floor hallway back door did not
have a secure lock. The owner had responded, in pertinent part,
that the entrance doors and windows were secure, that all proper
signs were posted and that the building was in good condition.
On appeal, the owner contends, somewhat inconsistently, that
the tenants never complained about the public area windows and rear
hallway exit door defects, and that in any event, the conditions
were corrected in January 1988. To support the claim of timely
repairs, the owner submits, for the first time on appeal, a copy of
a receipt dated January 6, 1988, indicating the purchase of a door
lock and several window sash latches, as well as the letter of a
tenant stating that he helped install the rear hallway door lock at
that time.
While the owner submits on appeal evidence of repairs , an
administrative appeal is strictly limited to a review of the record
below and not to consider new claims and evidence. The owner's
failure to present the evidence to the Administrator for
consideration, despite adequate opportunity to do so, precludes its
consideration for the first time in the instant proceedings.
The tenants' complaint citing rotted window frames and sashes
was sufficient notice to induce the owner to conduct its own
inspection to ascertain window defects, if any, requiring
corrective action. Therefore, there was sufficient notice to alert
the owner to the missing window locks and stuck top sashes
conditions that were the predicate for the rent abatement granted.
The Rent Administrator also properly determined the tenant's
complaint of a defective rear door lock based on the record
presented, which included the February 25, 1988 inspection.
The owner also states on appeal that "...the door had two
inoperative locks and one that had worked having been installed in
January [1988]...", whereas below the owner asserted that the back
door latch was fully operable. The owner suggests that the
inspector "...must have just seen the broken lock which consists of
a bolt that one moves..." and not a "...completely functional
'night latch Segal lock'...." However, in light of evidence
indicating a defective condition, conjecture on the owner's part is
not sufficient reason to warrant a different result.
Division records also reveal that the Administrator issued a
rent restoration order on August 31, 1990 per Docket No. DC120046OR
ADM. REVIEW DOCKET NO.: CI130132RO
based on the results of an inspection on August 14, 1990 which
revealed that the window sashes and locks were operable, that there
was no evidence of a defective rear door lock and the
superintendent's name, address and telephone number were posted.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, the City Rent Control Law and the Rent and Eviction
Regulations, it is
ORDERED, that the owner's petition be denied and that the
Administrator's order be affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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