CF620115RT
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.: CF620115RT
JAMES DEVINE,
RENT ADMINISTRATOR'S
DOCKET NO.: BJ620363S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 20, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
June 16, 1988, by the Rent Administrator, concerning the housing
accommodation known as 2860 Decatur Avenue, Apt.# 5, Bronx, New
York, wherein the Administrator determined that a reduction in rent
was not warranted based upon a reduction in services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly denied
the tenant's application for a rent reduction.
On October 22, 1987, the tenant filed an application alleging that
the owner failed to maintain services in the subject apartment.
The owner filed an answer to the complaint alleging that all
repairs specified in the complaint will be corrected.
A DHCR inspection conducted on May 10, 1988, revealed that the
light inside the kitchen door was operational and that there was no
evidence of a water stoppage in the kitchen sink.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the public hallways were dirty.
The petition was served on the owner on August 12, 1988 and on
August 18, 1988, the owner filed an answer to the petition stating
that the tenant's complaint is baseless and that the halls are
washed or swept every day.
CF620115RT
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner failed
to maintain essential services may result in an order of decrease
in maximum rent, in an amount determined by the discretion of the
Rent Administrator, to reflect the decreased rental value because
of the decrease in services.
The record demonstrates that the tenant's complaint failed to
specify dirty halls as a service deficiency requiring the owner's
attention. Those service deficiencies specified in the complaint
were corrected by the owner, as substantiated by the DHCR
inspector, on May 10, 1988.
Since the scope of administrative review is limited to the facts or
evidence which were raised before the Rent Administrator and the
dirty hall issue was not raised; it may not now be considered for
the first time on administrative appeal.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site inspection conducted in the subject apartment, which
showed that the owner had corrected all service deficiencies
specified in the complaint.
Upon the facts found herein, the Commissioner further finds that
the Rent Administrator properly issued the order of June 16, 1988.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that the tenant's petition be, and the same hereby is
denied and the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
DEPUTY COMMISSIONER
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