DL110077RO
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.: DL110077RO
NORTHERN STAR REALTY CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: CI110418S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 21, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on November 16, 1989. The order concerned the
housing accommodations known as Apt. 4G located at 147-25 Northern
Blvd. Flushing, N.Y. The Administrator directed restoration of the
apartment entrance door lock.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on September 27, 1988 by
filing a Statement of Complaint of Decrease in Services wherein
she alleged that the owner was not maintaining certain required
apartment services, specifically citing the conditions of a leaking
kitchen sink and a defective door lock.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on October
31, 1988 stating that repairs would be made if the tenant would
cooperate in scheduling an appointment.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on November 3, 1989 and
revealed the existence of a defective apartment door lock. All
other services complained of were found to have been maintained.
The Administrator issued the order appealed herein on November
16, 1989 and directed the owner to correct the condition of a
defective apartment door lock. A rent reduction was not ordered.
On appeal the owner states that the lock in question was
installed by the tenant. The owner argues that the responsibility
DL110077RO
for maintaining the lock should be that of the tenant and that it
is burdensome to order it to make repairs. The petition was served
on the tenant on February 26, 1990.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner has consistently ruled and Section 2529.6 of
the Rent Stabilization Code provides that the scope of review in an
administrative appeal is limited to facts or evidence presented
before the Administrator unless it can be shown why such facts or
evidence could not have been presented. In the response to the
complaint that the owner filed with the Administrator, no mention
was made that the lock in question was installed by the tenant.
Since the owner did not raise this argument before the
Administrator, the Commissioner will not consider it at this time.
The Administrator's order is therefore affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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