ADM. REVIEW DOCKET NO.: FL 210104 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.:
FL 210104 RO
: RENT ADMINISTRATOR'S
DOCKET NO.:
EE 210233 S
PREMISES: 70 Prospect Park
Southwest, Apt.
F1, Brooklyn,
N.Y.
A & S REALTY CO.,
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
accommodation relating to the above described docket number.
The Commissioner has reviewed all of 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 by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer, the owner denied the allegations set forth
in the tenant's complaint or otherwise asserted that all required
repairs had been or would be completed.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
a defective condition, to wit - vermin control.
The Rent Administrator directed restoration of this service
and further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
in substance, that it provides extermination service regularly
but that the tenant does not avail herself of it.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The Commissioner notes that the owner's allegation is
ADM. REVIEW DOCKET NO.: FL 210104 RO
gratuitous and was not raised before the Rent Administrator.
Accordingly, pursuant to Section 2529.6 of the Rent Stabilization
Code the allegation may not be considered now when it is made for
the first time on administrative appeal. Moreover, since the
allegation itself is otherwise devoid of any substantiating
evidence, the owner has offered insufficient reason to disturb
the Rent Administrator's order.
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 Rent Administrator's be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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