DOCKET NO.: DF 820327-RO
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
APPEAL OF DOCKET NO. DF 820327-RO
: DISTRICT ADMINISTRATOR'S
BN REALTY ASSOCIATES, DOCKET NO. DC 820268-S
: PREMISES: 60 CARYL AVENUE, #3B
PETITIONER YONKERS, NEW YORK
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administraive review of
an order issued ocncerning the housing accommodations relating to the
above described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition.
The tenants commenced this proceeding by filing a complaint asserting that
the owner had failed to maintain certain services in the subject premises.
In its answer, the owenr stated that all repairs had been or would be
Thereafter an inspection of the subject premises was conducted by a
D.H.C.R. inspector who confirmed the existence of defective conditions.
The Rent Administrator directed restoration of these services and further
ordered a reduction of the regulated rent.
In its petition for administrative review, the owner states, in substance,
that repairs will be performed. As of the above, the owner submitted with
its petition an invoice from a repairman. Owner further stated that the
tenant had denied access to his apartment for the purpose of repairs.
The Commissioner is of the opinion that this petition should be denied.
An examination of the owner's petition reveals that the invoice was dated
June 8, 1989, 6 days before the issue date of the Administrator's order.
The Commissioner is thus of the opinion that as such invoice was available
for consideration by the Administrator, it cannot be presented for the
first time on appeal.
Similary, an examination of the record below reveals that the owner did
not allege denial of access before the Administrator. The Commissoner is
thus of the opinion that having failed to raise the issue of denial of
access below, the owner cannot raise this issue for the first time on
This order is issued without prejudice to the owner's right to file the
DOCKET NO.: DF 820327-RO
appropriate applicaion for restoration of the rent, if the fact so
THEREFORE, in accordance with the provisions of the New York State Rent
and Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the order of the Rent Administrator be, and
the same hereby is, affirmed.
JOSEPH A. D'AGOSTA