EK 210198 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.: EK 210198 RO
DISTRICT RENT ADMINISTRATOR
DOCKET NO.: EH 210026 S
PREMISES: 194 8TH STREET,
BROOKLYN, NEW YORK
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.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject premises.
In its answer below the owner asserted that tenantsdenied access
to owner to restore services.
Thereafter an inspection of the subject premises was conducted by
a Divison of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of defective conditions.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the regulated rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
An investigation of the record reveals that, with its petition
owner submitted copies of correspondence to tenant requesting
access. The Commissioner notes that this correspondence was
dated before the Administrator's Order. Moreover, the
investigation of the record reveals that in its answer below
alleging lack of access, owner did not include any such
documentation of attemts to gain access.
EK 210198 RO
The Commissioner finds that having failed to submit evidence of
attempts to gain access below, the owner cannot submit such
evidence for the first time on appeal. 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.