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.:
PETITIONER EG 210113-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 27, 1991, the above-named tenant filed a petition for
administrative review of an order issued on February 26, 1991, by
a Rent Administrator concerning the housing accommodation known
as Apartment 7, 207-12th Street, Brooklyn, New York, wherein rent
was restored due to a restoration of services.
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 petition for review.
On July 12, 1990 the subject owner, filed an application for a
rent restoration based on its alleged restoration of service to
the subject apartment. The owner's application to restore the
rent included the tenant's signed consent.
A copy of the owner's application was served on the tenant who
was afforded two different opportunities to reply thereto.
The tenant did not interpose an answer or objection to the
On February 26, 1991, the Rent Administrator issued the order
here under review finding that a restoration of services had
occurred and restoring the tenant's rent effective August 1,
In his petition for administrative review the tenant requests
reversal of the Rent Administrator's order alleging that repairs
have not been made.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the tenant signed the owner's appli-
cation consenting to a rent restoration based upon the restora-
tion of services alleged therein. It is further noted that the
tenant did not interpose an answer to the owner's application or
raise any objection while this proceeding was before the adminis
trator, even though he was afforded two opportunities to do so.
Accordingly, pursuant to Section 2529.6 the unsubstantiated alle
gation being raised now, for the first time on administrative
appeal, may not be considered herein.
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 Rent Administrator's order be, and the same hereby