EH 610301 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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NO.: EH 610301 RO
S. Y. WESTCHESTER REALTY,
DRO DOCKET NOS.: DG 610083 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 16, 1990 the above-named petitioner refiled a Petition for
Administrative Review against an order issued on July 11, 1990 by the
Rent Administrator of the Gertz Plaza, Jamaica, District Rent Office
concerning the housing accommodations known as 1210 Westchester,
Avenue, Apartment 3B, Bronx, New York.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 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 the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the administrative appeal.
On July 5, 1989 the tenant filed a complaint of decrease in services,
alleging various reductions in service.
The owner did not interpose an answer to the complaint.
On June 2, 1990 a physical inspection of the subject housing
accommodation was conducted by the Division of Housing and Community
Renewal (DHCR). The inspector's report confirmed existence of the
complained of conditions.
On July 11, 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 May 1, 1990, 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, the owner contends that all the repairs were
completed, and submits with its petition a copy of a work order signed
EH 610301 RO
by tenant purportedly attesting to the same.
The Commissioner is of the opinion that this petition should be denied.
An examination of the record reveals that the repairs alleged by the
owner in its petition were claimed to have been performed before the
Administrator's order was issued. Having not presented this evidence
before the Administrator, the owner cannot now present it for the first
time on appeal. Moreover, despite the owner's assertions, the physical
inspection report disclosed the complained of conditions existed and,
the Commissioner finds that the rent reduction is warranted.
This order is issued without prejudice to the owner's right to file the
appropriate application for restoration of the rent, if the facts so
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the order of the Rent Administrator be and
the same hereby is, affirmed.