DE130221RO, et al.
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
APPEALS OF DOCKET NOS.:
DE130221RO;
DE130369RO;
ROXANA BLANCO/ DI130333RO
30-06 29TH STREET REALTY CO.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CA120093B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of orders issued on April 10, 1989, concerning the
housing accommodations known as 30-06 29th Street, Queens, New
York, wherein the Rent Administrator determined the tenants
complaint. The owner's PAR was assigned Docket No. DE130221RO.
Thereafter, additional PAR Docket Nos. DE130369RO and DI130333RO
were inadvertently assigned to documents submitted or returned in
connection with the original PAR case docket.
Several tenants commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject building. There is no record that the owner filed an
answer to the tenants' complaint.
Thereafter, the Division of Housing and Community Renewal (DHCR)
conducted an inspection of the subject premises which confirmed the
existence of various conditions, including defective elevators and
dirty incinerator rooms with garbage accumulation.
In this petition for administrative review, the owner argues, for
the first time on appeal, that incinerator rooms are cleaned twice
a day, seven days a week and submitted a letter from the elevator
contractor to the affect that, the elevators are serviced every
month, that they are in good working order and that the elevator
door defects have been checked and repaired.
DE130221RO, et al.
After careful consideration, the Commissioner finds that the
petition must be denied.
Section 2529.6 of the Rent Stabilization Code specifically states,
and principles of administrative law as well as Agency precedent
dictate, that administrative review shall be limited to facts or
evidence before a Rent Administrator as raised in the petition.
Administrative review is not a proper vehicle to raise facts or
issues which could have been raised before the Rent Administrator,
but were not, or to present new facts or evidence.
In this PAR the owner claims that all services were provided and
that repairs to the elevator conditions were made. The allegation
that services were provided is a defense that could have been
raised before the Administrator but was not. If the defective
elevator door repairs were completed after the date of the Rent
Administrator's order, this would constitute new facts presented at
the administrative appeal. For these reasons, the petition fails
to raise valid issues regarding the correctness of the order being
appealed.
The copies of the administrative appeal erroneously docketed under
Docket Nos. DE130369RO and DI130333RO are terminated as duplica-
tive.
The rent will be restored only when an owner's application to
restore the rent is filed and granted. The owner is advised to
file such an application if the facts so warrant.
The automatic stay of the retroactive rent abatement for rent
stabilized tenants that resulted by the filing of the petition is
vacated upon issuance of this Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent Control Law and Regulations, and Operational Bulletin
84-1, it is
ORDERED, that the owner's Petition for Administrative Review under
Docket No. DE130221RO be, and the same hereby is, denied, and that
the Rent Administrator's order be, and the same hereby is,
affirmed. It is further
DE130221RO, et al.
ORDERED, that the Petitions for Administrative Review under Docket
Nos. DE130369RO and DI130333RO be, and the same hereby are,
terminated as duplicative, as provided above.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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