FI 110177-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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RENT ADMINISTRATOR'S
VRETTOS REALTY CORP., DOCKET NO.:
FE 110696-S
PREMISES:
45-59 45th Road, Apt. B-8
PETITIONER Woodside, New York
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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 on September 3, 1991, 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.
The tenant commenced this proceeding on May 24, 1991 by filing a
complaint asserting that the owner had failed to maintain
numerous services in the subject apartment.
In its answer filed on June 24, 1991, the owner denied many of
the allegations as set forth in the tenant's complaint and
otherwise asserted that some repairs were completed; that the
tenant refused access to the appliance company; and that it
should receive a notice of the inspector's findings before the
Administrator's order is issued.
Attached to the owner's answer is a copy of an extermination
contract and a copy of a work order dated August 9, 1990 to paint
the entire apartment with the tenant's signature on same.
Thereafter on August 2 , 1991, the subject building was in-
spected by a D.H.C.R. inspector who confirmed that the oven
thermostat is defective; that the oven door does not close
properly; that the kitchen pipe is peeling paint; that one
electrical outlet in the bedroom is not working properly; that
the hallway walls by the entrance have hairline cracks; that the
bathroom floor is uneven and cracked; and that there is physical
evidence of roach and mice in the kitchen.
FI 110177-RO
Based on said inspection, the Administrator directed restoration
of services and a reduction of the stabilized rent.
In this petition, the owner contends in substance, that "all
required work has been completed" and submits a copy of an
extermination contract dated February 1, 1991 and a copy of a
work order signed by the tenant dated July 15, 1991.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Despite the owner's submission in the proceeding below and prior
to the issuance of the Administrator's order of a copy of an
April 27, 1990 extermination contract and a copy of a tenant
signed work order dated August 9, 1990, a physical inspection of
the subject apartment on August 23, 1991 disclosed numerous
defective conditions, namely:
1. the oven thermostat is defective;
2. the oven door does not close properly;
3. the kitchen pipe is peeling paint;
4. one electrical outlet in the bedroom is not
working properly;
5. the hallway walls by the entrance have hairline
cracks;
6. the bathroom floor is uneven and cracked;
7. and there is physical evidence of roach and mice
in the kitchen.
Accordingly, the Administrator properly found decreased services,
warranting a rent reduction.
The owner failed to submit in the proceeding below and prior to
issuance of the Administrator's order the copy of a tenant-signed
repair request dated July 15, 1991 and the copy of a February 1,
1991 extermination contract and now raises these claims of repair
for the first time on appeal. These claims are belied by the
August 23, 1991 inspection findings and, in addition beyond the
scope of administrative review, which is limited o the issues
and evidence before the Administrator.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation 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
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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