STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DK520042RT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 3, 1989, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
October 3, 1989, by the Rent Administrator, concerning the housing
accommodation known as 423 West 144th Street, New York, N.Y.,
Apt.#2, wherein the Administrator upon reconsideration, determined
in pertinent part, pursuant to an order of remand issued on August
19, 1988, by the Deputy Commissioner for Rent Administration under
Administrative Review Docket No. ARL-07950U, that the evidence of
record indicates that the tenant has failed to respond; that the
owner has restored services and that the proceeding should be
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly issued
the order of October 3, 1989.
On appeal, the petitioner-tenant asserts, in effect, that the
evidence submitted by the owner below is contrary to a Civil Court
judgment rendered under index No. L&T 63343/86.
The petition was served on the owner on January 2, 1990, and on
February 13, 1990, the owner filed an answer to the petition
stating that the evidence submitted was credible and that all
repairs were made.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The record indicates that a Commissioner's order issued on August
19, 1988, (ARL07950U) remanded the tenant's services complaint to
the Administrator for reconsideration of an order issued on January
13, 1986, (Docket N.U001158S) directing restoration of services.
A review of the file clearly shows that the tenant failed to submit
any evidence or to respond to the Notice of Proceeding to
Reconsider, dated August 18, 1989, or to in any way allege that the
owner's claim of restoration of services was in conflict with the
Civil Court judgment issued under index No. L&T 63343/86. As a
result thereof, on October 3, 1989, under Docket No. CI520064RP,
the Rent Administrator noted that the tenant failed to respond;
that the owner restored services and that the proceeding should be
Since the Scope of administrative review is limited to the facts or
evidence which were raised before the Rent Administrator and the
issue raised on appeal was not supported by any evidence below, it
may not be considered for the first time on administrative appeal.
Accordingly, the Commissioner finds that the Rent Administrator
properly based his determination on the evidence in the record and
properly issued the appealed order.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA