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.: DG210139RO
DOCKET No.: CK210023OR
1650 Ocean Avenue
Brooklyn, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on June 20, 1989, wherein the Rent
Administrator denied the owner's application to restore rent
previously reduced under AF210728S.
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 Rent Administrator had reduced the rent under AF210728S based
on findings of roach and rodent infestation, missing bathroom wall
tiles and a leaking toilet flushometer.
The owner commenced the proceeding which is the subject matter of
this appeal by filing an application to restore rent alleging that
all services had been restored. The owner stated, in pertinent
part, that the infestation was cured .
The Rent Administrator denied the rent restoration application
based on the results of an inspection, which disclosed that
infestation conditions had not been corrected.
In the petition, the owner argues, for the first time on appeal,
that the infestation conditions were tenant-induced, inasmuch as
the tenant failed to provide access to the exterminator. In
support, the owner submits a letter from the extermination
contractor, to the effect that the tenant provided access on some
occasions, but failed to do so at other times.
After careful consideration the Commissioner finds that the
petition must be denied.
A petition for administrative review of a Rent Administrator's
order must allege errors in the determination made based on the
record presented. Section 2529.6, Scope of Review, Rent
Stabilization Code, specifically states that review shall be
limited to facts or evidence before the Rent Administrator as
raised in the petition.
Therefore, administrative review is not a proper vehicle to raise
issues or to present evidence which could have been raised before
the Rent Administrator, but was not. Inasmuch as the instant
petition raises new issues and presents new evidence that were not
before the Rent Administrator, but otherwise fails to raise any
issue regarding the correctness of the order, the petition must be
denied. The Commissioner notes that the owner's allegations on
appeal are in conflict with the statement in the rent restoration
application that the condition was cured. The owner could have
alleged lack of access as a basis for filing the rent restoration
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the Administrator's order be, and the same hereby is,
LULA M. ANDERSON