Docket Number: FE 510275-RO
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.: FE 510275-RO
PARK CITY REALTY CORP./ DISTRICT RENT ADMINISTRATOR'S
JOSEPH RATNER, DOCKET NO.: EL 510139-S
665 West 160 St., Apt. No. 1C,
PETITIONER New York, NY 10032
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 24, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 26, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 9NYCRR 2520.6(r) and 9NYCRR 2523.4.
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 original proceeding was commenced on December 12, 1990 by the
tenant filing a complaint asserting that the owner failed to
maintain certain services in the subject apartment.
In its answer filed on January 4, 1991, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that repairs had been performed.
Thereafter on April 1, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
Based on said inspection, the Administrator directed restoration of
these services and further ordered a reduction of the stabilized
In this petition, the owner states in substance that repairs were
made but the tenant caused the disrepair prior to inspection; and
that the tenant signed a statement on May 1, 1991 that all repairs
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's defense that the tenant caused the disrepair prior to
inspection was not raised in the proceeding below and before the
issuance of the Administrator's order. The owner raised th s self-
Docket Number: FE 510275-RO
serving and unproven assertion for the first time on appeal.
Accordingly, this assertion is beyond the scope of review, which is
limited to the evidence and issue before the Administrator.
The owner admits that repairs were made subsequent to the issuance
of the Administrator's order. Then, the Administrator's order based
on an inspection finding the continued existence of defective
conditions was correct when issued.
This Order and Opinion is issued without prejudice to the owner
filing an application for rent restoration based on the restoration
of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby