Docket Number: FG 610225-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.: FG 610225-RO
DISTRICT RENT ADMINISTRATOR'S
LEKA PALUSHAJ, DOCKET NO.: EE 610040-S
SUBJECT PREMISES:
2905 Grand Concourse, Apt. 2A
PETITIONER Bronx, NY 10458
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 24, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on July 1, 1991,
concerning t e 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 administrative appeal.
This proceeding was commenced on May 3, 1990 when the tenant
filed a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
Although mailed a copy of the tenant's complaint on May 22, 1990
and requested to respond to same, the owner failed to do so.
Thereafter on July 18, 1990, the subject apartment was inspected
by DHCR which confirmed the existence of defective conditions.
In a statement filed with DHCR on February 26, 1991, the tenant
asserted that defective conditions still exist.
On April 25, 1991, a copy of the tenant's complaint was again
transmitted to the owner, along with a final notice to respond or
to risk presumption that the owner agrees with the tenant's
complaint.
Again, on June 10, 1991, the subject apartment was inspected by
DHCR which confirmed the same decreased services existing.
Based on said inspections and upon the owner's failure to refute
the tenant's allegations, the Administrator directed on July 1,
1991 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner contends in substance that the tenant
refused access as proven by a court order on April 25, 1988; that
Docket Number: FG 610225-RO
the tenant caused the disrepair; and that the tenant is liable for
non-payment of rent and other lawful increases of rent since 1987.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's contentions of tenant refusing access, causing the
disrepair and not paying rent are without merit. These defenses
were not raised in the proceeding below or before the issuance of
the Administrator's order and are only raised as self-serving,
unproven assertions for the first time on appeal. Accordingly,
these defenses are beyond the scope of administrative review,
which is limited to the issue and evidence before the
Administrator.
Accordingly, the owner has failed to offer sufficient reason to
disturb the Administrator's order based on two inspections dis-
closing defective conditions and the owner's failure to refute
the tenant's allegations.
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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