FL 610129-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 610129 RO
RALPH LANGSAM ASSOCIATES DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FH 630024 HW
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 19, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued November 19, 1991. The order concerned
housing accommodations located at 220-222 East 204th Street,
Bronx, N.Y. The Administrator ordered a rent reduction for
failure to maintain adequate hot water.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenants commenced this proceeding on August 14, 1991 by
filing a Statement of Complaint of Decrease in Building-Wide
Services wherein they alleged, inter alia, that the owner was
failing to provide adequate heat and/or hot water.
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner did not file a
response.
The Administrator ordered a physical inspection of the
building. The inspection was conducted on October 1, 1991. The
inspector checked the hot water temperature of 17 different
apartments. The inspector noted that the hot water temperature
in the apartments ranged from 75 to 110 degrees and that heat was
not required at the time of the inspection.
The Administrator issued the order here under review on
November 19, 1991. Finding that the owner had failed to supply
adequate hot water, the Administrator ordered a rent reduction
for all rent regulated tenants in the building. The
Administrator also noted that, while heat was not required at the
time of inspection, the owner had a duty to provide adequate heat
pursuant to the Housing Maintenance Code.
On appeal the owner states that the boiler was being
repaired on October 1, 1991. Petitioner attaches an invoice from
a boiler repair company in support of its assertion.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The Commissioner notes that the owner did not attempt to
inform the Administrator that the boiler was being repaired.
Indeed, the owner did not respond to the tenant's complaint in
any way, though afforded an opportunity to do so. Furthermore,
the inspector's report made no mention of any repairs taking
place on October 1, 1991. Since the scope of review in an
administrative appeal is limited to facts or evidence presented
before the Rent Administrator, the owner may not now raise these
claims for the first time on appeal. The Commissioner finds that
the Administrator was correct in issuing the order here under
review and that order is, accordingly, affirmed.
The owner may file for rent restoration when services have
been restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code
and Rent and Eviction Regulations 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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