ADM. REVIEW DOCKET NO. EH 110015 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. EH 110015 RO
: DRO DOCKET NO. DG 110599 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 30, 1990 the above-named petitioner filed a Petition
for Administrative Review against an order issued on July 3, 1990
by the Rent Administrator of the Gertz Plaza, Jamaica, District
Rent Office, concerning the housing accommodations known as 26-80
30th Street, Astoria, New York, Apartment 3K.
The Administrative Appeal is being determined pursuant to the
provisions of 9NYCRR 2523.4.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
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 by the administrative appeal.
On April 19, 1989 the tenant filed a complaint of decrease in
services, alleging the following: leaks in kitchen, bathroom and
living room; vermin infestation; unworkmanlike paint job; garbage
accumulation in basement; insufficient heat and hot water.
In its answer, dated August 23, 1989, the owner responded to
the above complaint by stating that tenant in its complaint
conceded the fact that apartment was painted, and that petitioner
can make an appointment for a new paint job at any time; that heat
and hot water were provided; owner additionally alleged that
tenant never asked for repairs.
On May 29, 1990 a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report
confirmed existence of roach and vermin infestation in the
kitchen; cracks in the kitchen walls, adequate hot water.
On July 30, 1990, the Rent Administrator issued an order
based on the report of the physical inspection, reducing the legal
regulated rent by the percentage of the most recent guidelines
adjustment for the tenant's lease which commenced before September
1, 1989, the effective date of the order, and directing the owner
to refund to the tenant all amounts collected in excess of the
reducing rent since the above mentioned effective date.
In its petition for administrative review, the owner states
that tenant denied access to permit owner to restore services.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
In view of the owner's having failed to raise the issue of
tenant's refusal to provide access before the Administrator below
the Commissioner will not entertain the owner's issue raised for
the first time on appeal. The Rent Administrator's order reducing
the rent was therefore correct when issued, and this order is
issued without prejudice to the owner filing an application for
restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the District Rent Administrator's order be, and
the same hereby is, affirmed.