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.:
EA210184RO
JERRY LEBEDOWICZ, RENT ADMINISTRATOR'S
DOCKET NO.:
CJ210276S
PREMISES: Apt.7
166 North 7th St.
Brooklyn, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on November 30, 1989 concerning the
housing accommodations relating to the above-described docket
number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on October 4, 1988 by
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
DHCR mailed a copy of the complaint to the owner who filed no
answer to the tenant's complaint.
Thereafter, a physical inspection of the subject apartment was
conducted on October 27, 1989 by a DHCR staff member who confirmed
that the living room was peeling paint and plaster; the bedroom
ceiling light was defective; the kitchen riser pipe was removed but
never replaced; there was vermin (mice) infestation; and there were
holes behind the stove and the kitchen sink.
By an order dated November 30, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In the petition for administrative review, the owner contends that
EA210184R
the peeling paint and plaster in the living room and the defective
bedroom ceiling light were corrected in February 1989; there was no
kitchen riser pipe in the first place to be removed; there is bi-
monthly extermination which should have corrected the vermin
infestation; and the holes behind the stove and the kitchen sink
were caused by the tenant.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction upon the tenant's application
where it is found that the owner failed to maintain required
services.
The petition offered no reason to revoke or modify the
Administrator's determination based on the October 27, 1989
inspection which found that the owner failed to maintain required
services, warranting a rent reduction. The owner, having failed to
answer the complaint, may not raise in this administrative appeal
issues which were never before the Administrator, in that these
issues are beyond the scope of review.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The owner may apply for rent restoration if the facts so warrant.
The automatic stay of the rent reduction as a result of the filing
of the petition is vacated upon issuance of this Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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