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.:
J. L. SPODEK/ PARAMOUNT REALTY,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on January 29, 1990, concerning the
housing accommodations known as 200 East 17th Street, Brooklyn,
New York, Apartment 5-C, wherein the Rent Administrator determined
the tenant's complaint of decreased services.
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 apartment.
There is no evidence that the owner filed an answer.
Thereafter, the Division of Housing and Community Renewal (DHCR)
conducted an inspection of the subject apartment. The DHCR
inspector observed and reported that the air conditioners were
defective and failed to cool properly, and that the intercom and
kitchen ceiling light fixture were defective.
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the stabilization rent.
In this petition for administrative review, the owner, in substance
argues that air conditioners are not a service included in the
rent, and that the intercom and the light fixture were repaired.
In an answer, the tenant acknowledges that intercom was repaired
after the inspection, but disputes the owner's claims that air
conditioners are not a service the owner is required to provide and
asserts that the light fixture that was replaced was not the light
fixture cited below.
After careful consideration, the Commissioner is of the opinion
that the petition must be denied.
Section 2529.6 of the Rent Stabilization Code, scope of review
specifically states, and principles of administrative law as well
as Agency precedent dictate, that administrative review shall be
limited to facts or evidence before a Rent Administrator as raised
in the petition. Scope of review precludes an owner from raising
facts or issues upon administrative review which could have been
raised before the Rent Administrator but were not, or to present
new facts or evidence.
The owner's claims that air conditioners are not a service included
in the rent and that the intercom and light fixture were replaced
are defenses that could have been raised before the Rent Adminis-
trator, but were not. Since these items are beyond the scope of
review, the owner has failed to raise valid issues regarding the
correctness of the order being appealed.
Division records also reveal that the Rent Administrator denied the
owner's rent restoration application under Docket No. GL210132OR.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and Operational Bulletin 84-1, it is
ORDERED, that the owner's 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.
LULA M. ANDERSON