EJ 110076 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.: EJ 110076 RO
Lewis Marks c/o DISTRICT RENT ADMINISTRATOR
Omnia Properties, Inc., DOCKET NO.: EE 110001 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 12, 1990, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
October 1, 1990 by the Rent Administrator of the Gertz Plaza,
Jamaica, District Rent Office, concerning the housing
accommodations known as 83-33 Austin Street, Apt. 6S, kew
Gardens, New York.
The Administrative Appeal is being determined pursuant to
the provisions of 9NYCRR 2423.4.
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 30, 1990 the tenant filed a complaint of decrease
in services, alleging defects in the refrigerator.
In its answer, dated May 17, 1990, the owner responded to
the above complaint by stating that the complained of defects had
been repaired. Owner enclosed a letter from the repairman
attesting to same.
On June 27, 1990, a physical inspection of the subject
housing accommodation was conducted by the DHCR. The inspector's
report confirmed existence of the complained of conditions.
On October 1, 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 June 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
In its petition, the owner contends that it had made repairs
to the refrigerator on various dates after the repairs mentioned
in its answer to tenant's complaint.
EJ 110076 RO
The Commissioner is of the opinion that this petition should
As examination of the record reveals that in its PAR owner
alleged that it made additional repairs to the refrigerator in
June 1990, and that the owner did not make this allegation before
the Administrator. Having not made this allegation before the
Administrator, the owner cannot make such allegation 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 warrant.
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.