EB230027RO; EB230108RT
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.: GA210005R0
Bernard Gans/
ABC Sunset Realty Co.,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EA210484S
PETITIONER PREMISES: 1921 Avenue I
Apt. No. 4A
Brooklyn, 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 December 5, 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 this administrative appeal.
This proceeding was commenced on January 29, 1990 by the tenant
filing a complaint asserting that the owner failed to maintain
various services in the subject apartment.
The Division transmitted to the owner on February 8, 1990 a copy of
the tenant's complaint.
GA210005RO
In an answer filed on February 20, 1990, the owner denied the
allegations as set forth in the tenant's complaint and otherwise
asserted that all work in the apartment was completed. The owner
submitted a copy of a work order signed by the tenant on March 19,
1987, which has no relevance to this proceeding.
Thereafter, an on-site inspection of the subject building was
conducted on November 6, 1991 by a Division staff member who
reported that there is mold on the bathroom walls near the window
and mildew on the bathroom ceiling; that the bathroom medicine
cabinet has no door; that the first bedroom wall outlet is defective
and shows spark marks; that the outlet of the bathroom light fixture
is inoperable; that the bathtub cold water faucets leak; that the
bottom hinge of the hall closet door is loose and the lock mechanism
and parts of this door are missing; and that kitchen floor tiles
are missing near the refrigerator.
The Administrator directed restoration of services and further
ordered a reduction of the stabilized legal rent.
In the petition for administrative review, the owner alleged that
the tenant refused access to repairs scheduled by the owner.
On March 2, 1992, the Division mailed a copy of the owner's petition
to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Administrator's determination was based upon a staff inspector's
report which found defective conditions within the apartment. The
determination was in all respects proper and is hereby sustained.
The unsubstantiated claim of denied access was not raised in the
proceeding below prior to the issuance of the Administrator's order
and is now raised for the first time on appeal. Accordingly, this
bare assertion is beyond the scope of administrative review which is
limited to the issues and evidence before the Administrator.
GA210005RO
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
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 Administrator's order be, and the same hereby, is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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