ADM. REVIEW DOCKET NO.: DH-110509-RO
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.:
DH-110509 - RO
:
DRO ORDER NO.:
CH 110241-OR
RAMON REYES
REY-CAL REALTY CORP.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 14, 1989, the above-named petitioner owner timely
filed and perfected a Petition for Administrative Review (PAR)
against an order issued on May 24, 1989 by the Rent Administrator
at Gertz Plaza, Jamaica, New York, concerning the housing
accommodations known as 88-06 Parsons Boulevard, New York,
Apartment 8C, Jamaica, Queens, wherein the Administrator
determined the owner's application to restore rent previously
reduced under Docket No. BK 110418-S.
An inspection conducted on May 4, 1989 revealed that the
owner had not corrected some of the conditions that gave rise to
the rent reduction. The inspector reported that the flushometer
leaked and that there was evidence of vermin infestation
throughout the apartment. The inspection revealed that the owner
had addressed other conditions.
The applicable law is Section 2523.4 of the Rent
Stabilization Code.
On appeal, as below, the owner contends that the flushometer
leak was eliminated. However, the owner's contention was belied
by the May 4, 1989 inspection.
The owner also contends for the first time on appeal that
the tenant refused to grant access to the owner's extermination
contractor; the owner's application below was silent as to the
issue of infestation. The owner's failure to raise and establish
ADM. REVIEW DOCKET NO.: DH-110509-RO
the lack of access in the proceedings below, pursuant to Policy
Statement (90-5): Arranging Repairs - No Access Inspections,
precludes consideration of the issue on appeal, which is strictly
limited to a review of the record below.
Consequently, the Administrator properly denied the owner's
rent restoration application.
This order is issued without prejudice to the owner's right
to file an application for the restoration of rent predicated
upon a restoration of services. The owner may also apply for a
rent restoration and request a no access inspection if the tenant
continues to refuse access to the owner or the owner's contractor
to remedy the conditions noted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be denied and that the
Administrator's order be affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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