DC610167RO
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.:
DC610167RO
LASH KOCOVIC/
LEVITES REALTY MANAGEMENT CORP., RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CL610118S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 8, 1989, the above-named owner filed a timely petition for
administrative review against an order issued concerning the
housing accommodation known as Apartment 1-C located at 1176 East
215th Street, Bronx, New York.
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 in this petition.
The tenant commenced the proceeding below on November 29, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain required services.
Although afforded an opportunity, the owner did not interpose an
answer.
Thereafter, on February 14, 1989, a staff inspector conducted an on
site inspection of the subject apartment and reported as follows:
1. The dining room walls and ceiling are peeling,
2. The Northeast bedroom wall is mildew,
3. The middle bedroom ceiling is peeling,
4. The bathroom ceiling is peeling, and
5. The Northeast window is defective.
Based thereon, the Rent Administrator, by order dated March 1,
1989, directed restoration of these services and further ordered a
reduction of the stabilized rent in an amount equal to the most
recent guideline adjustment.
DC610167RO
In the petition for administrative review, the owner asserts that
the tenant had refused the owner access.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
This petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required services based on a staff inspection
confirming the existence of defective conditions for which a rent
reduction is warranted.
The scope of review in an administrative appeal is limited to facts
or evidence presented to the Administrator unless such facts or
evidence could not be presented. In the proceeding below, the
owner failed to respond to the complaint in that the owner
defaulted. Therefore, the Commissioner will not consider the
arguments set forth in the petition.
The owner may file a rent restoration application if the facts so
warrant.
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.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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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