EK 420202 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 420202 RO
DISTRICT RENT ADMINISTRATOR
DOCKET NO.: DI 420049 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 19, 1990, the above-named petitioner filed a Petition
for Administrative Review against an order issued on October 25,
1990 by the Rent Administrator of the Gertz Plaza, Jamaica,
District Rent Office concerning the housing accommodations known
as 142 West 4th Street, Apartment 22, New York, New York.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2202.4.
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 September 1, 1989 the tenant filed a complaint of decrease in
services, alleging various decreases in service.
In its answer, dated October 25, 1989, the owner responded to
the above complaint by stating that repairs were made.
On June 18, and October 1, 1990, the Rent Administrator issued an
order based on the report of the physical inspection reducing the
maximum Legal Rent by $20.00 per month effective on the first
rent payment date following the issue date of the order.
In its petition, the owner contends that the tenant did not
provide access to the owner.
The Commissioner is of the opinion that this petition should be
The owner did not make allegations of lack of access below.
Having failed to make such allegations before the Administrator,
the owner cannot allege lack of access for the first time on
appeal. Moreover, despite the owner's assertions, the physical
EK 420202 RO
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 and
Eviction regulations, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and that the Rent Administrator's order
be, and the same hereby is, affirmed.