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 NO.
SANDRA DE VITA, Rep.
DISTRICT RENT ADMINISTRATOR'S
PETITIONER BH 110191-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant timely refiled a Petition for
Administrative Review against an order issued on December 2,
1988, by the Rent Administrator, 92-31 Union all Street, Jamaica,
New York concerning the housing complex known as Georgetown Mews,
152-24 Jewel Avenue, Flushing, New York, various apartments.
The instant matter stems from a Complaint of Decrease in Build-
ing-Wide services filed with the Division on August 12, 1987
wherein numerous tenants (439) throughout the housing complex
alleged the owner's failure to maintain certain services, many of
which were the subject of a major capital improvement application
pending before the Division.
On December 2, 1988 the Administrator issued the denial order
appealed herein, which noted the followi g items had been re-
1. Driveways have been repaired.
2. Exterior bricks have been painted and
3. Steps throughout public areas were restored.
4. Leaders and gutters have been repaired.
5. No accumulation of garbage throughout public
6. Front doors to building working properly.
7. Dumpsters were available to tenants in
8. Garage areas have been repaired.
9. No holes and cracks in driveway.
The owner was directed to restore 3 cracks found n front side-
walk pavement within 20 days of the date of this order.
In this petition for administrative revi w the tenants' repre-
sentative contends, in substance, that stoops are falling apart
throughout the development, leaders and gutters are missing in
various unspecified parts of the development; that the garage
area has inadequate lighting, and that the dumpster area is
smelly and dirty.
In response thereto the owner states, among other things, that
all items remain restored as found by the Administrator.
After a careful consideration of the entire record, the Commis-
sioner is of the opinion that this petition should be denied.
At the outset the Commissioner notes that the Administrator's
order was predicated on the reports of physical inspections
conducted on September 9, 1988 and October 27, 1988. The
findings by DHCR's impartial inspectorial staff outweighed the
tenants' unsubstantiated allegations that services have not been
restored. In this respect the Commissioner notes that the
tenant's allega-tions regarding the sanitary condition of the
dumpster area was not raised in the proceeding below and this may
not be considered at this stage of the proceeding. In addition,
the inspection report discloses that "stoops thruout the public
areas have been repaired" albeit the Administrator's order
omitted reference to this item.
Accordingly, the Commissioner finds that the Administrator
properly determined that a reduction in rent was not warranted.
The determination herein is without prejudice to the right of the
tenants or any one of them filing an appropriate complaint if the
owner is not now maintaining all required services, if the facts
THEREFORE, in accordance with the Rent Stabilization Code, it
ORDERED, that this petition be, and the same hereby is, denied;
and that order of the Rent Administrator be, and the same hereby