DOC. NO.: ED 220259-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. ED 220259-RO
FRIEBECK MANAGEMENT, : RENT ADMINISTRATOR'S
c/o L.P. PRESIDENT DOCKET NO. CL 220458-S
REALTY CO., :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 30, 1990, the above-named owner filed a petition for
administrative review of an order issued April 4, 1990 by a Rent
Administrator concerning the housing accommodations known as 990
President Street, Apartment 5H, Brooklyn, New York, wherein the Rent
Administrator determined that the owner had failed to maintain certain
services and accordingly reduced the rent of the subject apartment.
The Commissioner has reviewed all the evidence in the record and has
considered that portion of the record relevant to the issues raised by
the petition for review.
On December 19, 1988 the tenant commenced this proceeding by the
filing of an application for a rent reduction based upon the owner's
alleged failure to maintain services. The tenant alleged that the
walls and ceilings in the kitchen and bathroom were cracked and
peeling paint and plaster; the cold water faucet in the bathroom
leaked, and a hallway light switch was defective.
In the owner's answer, dated January 18, 1989, the owner asserted that
the leaks in the bathroom and kitchen were repaired, the bathroom
faucet had been fixed, and the hallway light switch replaced.
On March 21, 1990 a physical inspection conducted by a rent agency
inspector revealed that the bathroom ceiling and wall were peeling
paint and plaster and the kitchen ceiling and wall had water-stained
plaster, and that the cold water faucet in the bathroom and the
defective hallway light switch had been repaired.
DOC. NO.: ED 220259-RO
On April 4, 1990 the Rent Administrator issued an order reducing the
rent of the subject apartment by $11.00 per month pursuant to the Rent
and Eviction Regulations to reflect a finding that the bathroom
ceiling and walls were peeling paint and plaster and the kitchen
ceiling and wall had water-stained plaster.
In its petition for review the owner submits copies of work orders
attesting to the fact that in January and April 1989 the painting of
the bathroom and kitchen, repair of bathroom tiles, repair and
installation of kitchen and bathroom fixtures, and the repair of a
light switch were requested. The work orders were signed by the
tenant. Also enclosed was a copy of a work order, dated March 27,
1990, purportedly attesting to the fact that, among other things, the
kitchen and bathroom had been plastered and painted. A notation
thereon indicated that the tenant had refused to sign to the
satisfactory completion of the work.
After careful consideration the Commissioner is of the opinion that
the owner's petition for administrative review should be denied.
According to established principles, the administrative review process
is limited to facts or evidence before a Rent Administrator, or if
facts or evidence are submitted with the petition and it is
established that they could not reasonably have been offered or
included in the proceeding prior to the issuance of the order being
appealed, that evidence submitted with the petition may be considered.
The owner did not submit any evidence when this proceeding was before
the Administrator establishing that the bathroom and kitchen walls and
ceiling were properly repaired before the order was issued, and
evidence submitted for the first time with the owner's petition either
refer to repairs which pre-date the agency inspection and are
contradicted by it, or to repairs for which the tenant refused to sign
in acknowledgment of satisfactory completion. Further, the owner has
not given any reason why copies of the work orders could not have been
submitted when this proceeding was before the administrator, and they
will not be considered for the first time on appeal.
The Administrator properly ordered a rent reduction for the subject
apartment and the owner's petition does not provide any basis for
modifying or revoking that order.
The Commissioner notes that by order dated December 5, 1990 (under
Docket No. ED 220180OR) the rent for the subject apartment has been
restored effective January 1, 1991.
THEREFORE, in accordance with the City Rent and Rehabilitation Law and
the Rent and Eviction Regulations, it is
DOC. NO.: ED 220259-RO
ORDERED, that this petition be, and the same hereby is, denied, and
that the order issued by the Rent Administrator be, and the same
hereby is, affirmed.