FH 610369 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.: FH 610369 RO
DISTRICT RENT ADMINISTRATOR
EMERICK REALTY CORPORATION, DOCKET NO.: FC 610376 S
PREMISES: 2707 SEDGWICK AVENUE
APT. 1L, BRONX, NEW YORK
PETITIONER
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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 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 petition.
On March 14, 1991, tenant commenced the proceeding below by
filing a complaint asserting that the owner had failed to
maintain certain services in the subject apartment. The
complained of conditions were the following:
the owner failed to control rats and roaches,
holes in the baseboards,
a bathroom wall in need of repair,
the cold water was leaking in the bathtub.
The owner was served with a copy of the tenants complaint but
failed to interpose an answer.
On June 20, 1991, a staff inspection was conducted by a Division
of Housing and Community Renewal (DHCR) inspector. The
inspection report stated that there was no evidence of any rats
or leaks from faucets. The inspection report went on to state
that in the bathroom there was a hole in the wall on the west
side near the sink and that the baseboard was missing. With
respect to the baseboards in the other rooms, the inspection
report stated they were satisfactory.
On July 25, 1991, the Administrator directed restoration of the
FH 610369 RO
defective conditions and further ordered, a reduction of the
stabilization rent.
In its petition for administrative review, the owner requests
that the Administrator's order be reversed. The owner states
that all repairs have been done in that the wall around the pipe
near the sink has been repaired, an exterminator went to the
apartment, and, the bathroom baseboards were fixed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
In view of the owner's having failed to answer the tenant's
complaint before the Administrator below, the Commissioner will
not entertain the owner's assertions for the first time on
appeal. The Administrator's order reducing the rent was
therefore correct when issued, and this order is issued without
prejudice to the owner filing an application for the restoration
of rent.
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:
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ELLIOT SANDER
Deputy Commissioner
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