STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ANDRES LUGRIS, DOCKET NO.:
125 Mac Dougal Street,
PETITIONER Apt 4-A, New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodation
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 the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject building.
In his answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required re-
pairs had been or would be completed.
Thereafter inspections of the subject building were conducted by
a D.H.C.R. inspector who confirmed the existence of a defective
front entrance door lock.
The Rent Administrator directed restoration of the service and
further ordered, a reduction of the regulated rent.
In his petition for administrative review, the owner states, in
substance, that repairs have been performed and further alleges
that certain services are not required under the Re t and Evic-
tion Regulations to wit - door buzzer, intercom, and remote door
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the only basis for the rent reduction
which was ordered by the Rent Administrator was the defective
front entrance door lock. Accordingly, the assertions made by
the owner in regard to the buzzer, intercom and remo e door re-
lease are irrelevant to this proceeding. Nowhere has the owner
asserted that the front entrance door lock is not a required
service. Although the owner has attached several letters to his
petition the Commissioner notes that the letters are not
material to the sole issue in this proceeding, namely the front
entrance door lock. Moreover, these letters were not submitted
to the Rent Administrator in the original proceeding. Hence, for
both reasons, they may not be considered herein.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner