Docket Number: FB-510090-RO
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.: EL 410238-RO
:
ALGIN MANAGEMENT, DRO DOCKET NO.: EG 410062-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 4, 1990, the above-named owner filed a Petition for
Administrative Review of an order issued on November 20, 1990, by
the Rent Administrator of the Gertz Plaza, Jamaica, District Rent
Office, concerning the housing accommodations known as Apartment No.
5, 134 East 96th Street, New York, New York 10128.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether there was a decrease in services,
warranting a reduction of the legal regulated rent.
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 administrative appeal.
On June 28, 1990, the tenant commenced this proceeding by filing
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
Although duly notified to do so on July 13, 1990, the owner failed
to respond to the tenant's complaint.
On August 1, 1990, an inspection of the subject apartment was
conducted by a DHCR inspector who confirmed the existence of
defective conditions.
On November 20, 1991, the Administrator directed restoration of
these services and further ordered reduction of the stabilization
rent.
In this petition, the owner contends in substance that repairs had
been performed and that the building is "systematically maintained."
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was
inspected or the order was issued, or whether the contention is that
repairs were made following the issuance of the Rent Administrator's
order. If it is the former, then the owner's allegation is belied
Docket Number: FB-510090-RO
by the report of the agency inspector. If it is the latter, then
the Rent Administrator's order reducing the rent was nevertheless
correct when issued, and this order is issued without prejudice to
the owner filing an application for restoration of services.
As to the other issues raised by the petitioner-owner, the
Commissioner notes that the owner, though duly notified to do so,
failed to raise these defenses in response to the tenant's complaint
in the proceeding below. Accordingly, the Commissioner will not
entertain the owner's unsubstantiated defenses raised for the first
time on appeal and not before the Administrator.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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