STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:EK210237RO
611 Realty, RENT ADMINISTRATOR'S
DOCKET NO.:DI210369S
SUBJECT PREMISES:
611 Ocean Ave.
Apt. D4
Brooklyn, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on October 17, 1990 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 on September 20, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that repairs were
performed and services are being provided and maintained.
On September 24, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of the
following:
(1) The kitchen ceiling showed a hole where water leaked
through.
(2) The kitchen faucet leaked.
(3) The kitchen windows showed evidence of smoke stains and
black ashes from the boiler room.
(4) The living room ceiling showed peeling paint and plaster on
the ceiling.
(5) There was mice and roach infestation throughout the
apartment.
By an order dated October 17, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
EK210237RO
In this petition, the owner contends that all services are
maintained and submits in relevant part copies of the following:
(1) a tenant-signed acknowledgement that the bedroom, the
hallway and the bathroom were painted and plastered on
November 6, 1989;
(2) a tenant-signed acknowledgement that the bathroom was
plastered and painted on November 14, 1990; and
(3) a letter from the exterminating company indicating monthly
treatment and additional visits if so requested by tenants.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
September 24, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The Commissioner notes that the owner's submissions concerning
repairs acknowledged by the tenant were not raised before the
Administrator prior to the issuance of the order and are raised for
the first time on appeal. Accordingly, these submissions are beyond
the scope of review which is limited to the issues and evidence
before the Administrator. Furthermore, these alleged repairs are of
insufficient weight as to rebut the finding of the September 24,
1990 physical inspection.
The Commissioner further notes that the owner's rent restoration
application (EL210055OR) was denied on May 29, 1991.
THEREFORE, in accordance with the Rent Stabilization Law and Code
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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