STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 210295-RO
HILDA JOHNSON, DRO DOCKET NO.: EJ 210710-S
PETITIONER : PREMISES: 1050 Park Place, 4C
------------------------------------X Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative review of
an order 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 the proceeding below by filing a complaint asserting
that the owner had failed to maintain certain services in the subject
Thereafter, the owner was served with the tenant's complaint and was
afforded an opportunity to comment thereupon.
The owner did not interpose an answer to the tenant's complaint.
Thereafter an inspection of the subject apartment was conducted by a
D.H.C.R. inspector who confirmed the existence of certain defective
The Rent Administrator directed restoration of these services and further
ordered a reduction of the stabilization rent.
In her petition for administrative, the owner asserts that the tenant's
complaints have been given attention.
The Commissioner is of the opinion that the petition should be denied.
The owner's contention was not offered in the record below, and is
therefore inadmissible on appeal for the first time. The Rent
Administrator's order was therefore correct when issued.
This order is issued without prejudice to the owner's right to file an
application for a restoration of rent, based on a restoration of
services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
DOCKET NUMBER: FD 210295-RO
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,
JOSEPH A. D'AGOSTA