DOC. NO.: ED 220259-RO
                                 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



         ------------------------------------X
         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.,        :
                                 PETITIONER  :
         ------------------------------------X


             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.

         ISSUED:

                                                                          
                                            ELLIOT SANDER
                                            Deputy Commissioner
          











    

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