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.: FL610069RO
DOCKET NO.: FE610560S
731 GERARD AVE. REALTY CORP.,
PREMISES: 731 Gerard Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on December 5, 1991
concerning the housing accommodations 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.
This proceeding was commenced on May 20, 1991 by the tenant
filing a complaint asserting that the owner failed to maintain
numerous services in the premises.
On May 29, 1991, DHCR transmitted a copy of the tenant's
complaint to the owner.
In an answer filed on June 17, 1991, the owner denied the
allegations as set forth in the complaint and otherwise asserted
that services are being provided.
DHCR sent on September 12, 1991 a copy of the owner's answer
to the tenant.
Thereafter, an on-site inspection of the subject apartment was
conducted on November 22, 1991 by a DHCR staff member who reported
that there are roaches and droppings in the kitchen and hallway.
The Administrator directed the restoration of services and
further ordered the reduction of the stabilized rent.
In the petition for administrative review, the owner contends
that the tenant refuses the monthly extermination done by the
On January 15, 1992, DHCR mailed a copy of the owner's
petition to the tenant.
The Commissioner is of the opinion that this petition should
The owner's unsubstantiated assertion that the tenant refused
access was not raised in the proceeding below prior to the issuance
of the Administrator's order and is now raised as a bare allegation
for the first time on appeal. Accordingly, this unproven assertion
is beyond the scope of administrative review, which is limited to
the issues and evidence before the Administrator.
The Administrator's determination was based upon a staff
inspector's report which found roaches and droppings within the
apartment. The determination was in all respects proper and is
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that the petition for administrative review be, and
the same hereby is, denied, and that the Administrator's order be,
and the same hereby is, affirmed.
Joseph A. D'Agosta