ADM. REVIEW DOCKET NO.: DH-110510 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-110510 RO
: (Refile of DF 110166 RO)
DRO ORDER NO.:
CC 110513-S
FRISBEN MANAGEMENT CORP
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 21, 1989, the above-named petitioner owner refiled
and perfected a Petition for Administrative Review (PAR) against
an order issued on June 24, 1989 by the Rent Administrator at
Gertz Plaza, Jamaica, New York, concerning the housing
accommodations known as 29-32 Beach Channel Drive, Apartment No.
1K, Far Rockaway, New York, wherein the Administrator determined
the tenant's complaint of a reduction of services.
Inspections conducted on April 14, 1986 and May 8, 1989
confirmed the tenant's complaints of a defective stove, a
defective refrigerator, leaky hot water faucets in the bathroom,
and kitchen, a leaky bathroom sink, and bulging and peeling paint
and plaster in the bathroom ceiling. Based on the inspection
reports, the Administrator ordered rent reductions effective May
1, 1988.
On appeal, the petitioner asserts that the conditions have
been corrected. The owner's petition does not make clear whether
the repairs had been made before the order was issued or whether
the repairs were made following the issuance of the order. If it
is the former, as there is no indication in the record that the
owner advised the Administrator, the determination below was
correct on the record presented. If the latter, then the
Administrator's order reducing the rent also was correct when
issued.
The owner also asserts on appeal that the tenant denied the
owner access to make repairs. The scope of administrative review
is limited to consideration of issues and evidence before the
Administrator. Having failed to assert and establish lack of
access before the Administrator, the owner is precluded from
doing so for the first time on appeal.
This order is issued without prejudice to the owner's right
ADM. REVIEW DOCKET NO.: DH-110510 RO
to file an application for restoration of rent, predicated upon a
restoration of services.
The petitioner's bare claim that the apartment is
overcrowded with illegal occupants is not pertinent to these
proceedings.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be and the same hereby
is denied and that the Administrator's order be and the same
hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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