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
APPEALS OF DOCKET NOS.:
GILDA KENNEDY DD 210396-RT
PETITIONERS CG 230118-OR
ORDER AND OPINION DENYING TENANTS' PETITIONS FOR
The above-named petitioner-tenants filed petitions for administra-
tive review of an order issued on March 17, 1989, by the Rent
Administrator, concerning the housing accommodation known as
50 Lincoln Road, Brooklyn, New York, wherein the Administrator
determined the owner's application to restore rents previously
reduced by the order issued September 16, 1987 per Docket No.
The challenged order granted the owner's application to restore
rents based on the results of an inspection held on January 24,
1989 that confirmed the owner's claim that the intercom system had
been repaired and that the system was operating properly.
A previous order under Docket No. BJ 230191-OR had determined that
the owner had corrected the roach and rodent infestation problem
noted in the rent reduction order.
On appeal the tenants claim that the intercom system is still not
working properly. They also complain of other problems, citing
exposed wires and infestation.
The Administrator based the determination to restore rents on
observations in the report filed by the Division's inspector. As
a rent agency employee, the inspector was not a party to the pro-
ceedings and not an adversary to either the owner or the tenants.
His impartial observations were properly placed in the record for
the Administrator's consideration and were entitled to and afforded
Concerning the tenants' claim of roach and rodent infestation, the
Deputy Commissioner notes that the tenants failed to file adminis-
trative appeals against the Administrator's prior determination per
Docket No. BJ 230191-OR wherein the Administrator found no evidence
of roach and rodent infestation. That determination became final
and is not subject to further appeals.
The tenants' complaint of loose wires was not a factor in the
underlying rent reduction order, and consequently not relevant to
these proceedings. Moreover, an Administrative appeal is not the
proper vehicle to raise or reassert complaints.
Consequently, there is no warrant to reconsider the Administrator's
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that the tenants' petitions be, and the same hereby are,
denied and the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner