EH 610175 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 610175 RO
DISTRICT RENT ORDER
Birchaight Management, DOCKET NO.: DF 610170 S
Premises: 125 West 195th St.
PETITIONER Bronx, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
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.
On April 20, 1989, the tenant commenced the proceeding below by
filing a complaint of decrease in services alleging that the
owner failed to maintain the following services: leaks under the
kitchen window and bathroom faucet; linoleum tiles in the kitchen
coming up due to leak under kitchen window; venetian blinds which
were ruined by the owner's painter; inoperative electrical
outlets; defective window installation in the living room;
bathtub grouting and caulking coming apart.
The owner failed to interpose an answer to the tenant's
On June 21, 1990, an inspection of the subject premises was
conducted by an Agency inspector. The inspection report stated
that there was no evidence of leaks under the kitchen sink or any
faucet as well as no evidence of loose kitchen tiles. The
inspection report stated that the venetian blinds in the kitchen
and livingroom had broken tape; there were electrical outlets
clogged with paint in the kitchen, living room and bedroom; the
livingroom had a dented window that was damaged with dirt between
two glass panes that could not be cleaned.
On July 20, 1990, the Administrator directed restoration of
services and further ordered a reduction of the stabilization
In its petition for administrative review, the owner states, in
substance, that the defective conditions found were minor.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
EH 610175 RO
In view of the owner having failed to raise the issue of minor
defects 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 was therefore correct when issued.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, the Emergency Tenant Protection Act of 1974 and the Rent
and Eviction Regulations, 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.