EH 530165 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 530165 RO
LINDJAMAR REALTY DISTRICT RENT ADMINISTRATOR
MANAGEMENT CORPORATION, DOCKET NO.: DC 530112 B
PREMISES: 536-44 ISHAM STREET
NEW YORK, NEW YORK
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE IN PART
REMANDING PROCEEDINGS IN PART
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
On March 27, 1989 the tenant filed a complaint of decrease in
services, alleging among other conditions complained of, the
broken front door lock,
intercom buzzers and loudspeakers don't work.
In its answer, dated April 27, 1989, the owner responded to the above
complaint by stating that an appointment had been made with repairmen
to repair the above-mentioned defects.
On February 5, 1990 a physical inspection of the subject housing
accommodation was conducted by the Division of Housing and Community
Renewal (DHCR). The inspector's report found that the front door
only locks "sporadically" and that in 4 apartments while the
intercoms were working, there was static.
On July 19, 1990, the Rent Administrator issued an order based on the
report of the physical inspection, reducing the maximum legal rent by
$5.00 per month, effective on the first rent payment day following
the issuance of the order.
EH 530165 RO
In its petition, the owner contends that repairs were made, and
submits bills from repairmen as documentation.
The Commissioner is of the opinion that this petition should be
denied, in part, and that the proceedings should be remanded in part.
The Commissioner notes that the owner did not present evidence of
repairs below although the date of the repairman's bill was before
the issue date of the order. Having failed to present such evidence
below, the owner cannot present such evidence for the first time at
This order is issued without prejudice to the owner's right to filed
the appropriate application for restoration of the rent, if the facts
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, in part to the extent that it concerns
owner's evidence of repair presented for the first time at PAR, and
that the proceedings be remanded for further review to consider the
issue of the number of apartments inspected for defective intercoms.