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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.: GG210025RO
RENT ADMINISTRATOR'S
DOCKET NO.: FL210523S
Morris Realty,
PREMISES: 3765 18th Ave.
Apt. #B4
Brooklyn, N.Y.
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 on June 10, 1992
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 this proceeding on December 20, 1991 by
filing a complaint asserting that the owner failed to maintain
services in the subject apartment.
On January 22, 1992, the Division transmitted a copy of the
tenant's complaint to the owner.
A physical inspection of the subject apartment was conducted
on May 14, 1992 by a Division staff member who reported that the
kitchen cold water pressure and the bathroom sink cold water
pressure are low; that the kitchen window sashes are loose,
unstable and have putty missing from the glass frames; and that
there is evidence of roaches in the apartment.
The Administrator directed the restoration of services and
ordered the reduction of the stabilized rent.
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In the petition for administrator review, the owner contends
in substance that the building superintendent and the plumber have
made various attempts to gain access for repairs. The owner
offered no proof that the tenant refused access. The owner
submitted an undated statement from the building superintendent,
asserting that new piping was made to build up the low water
pressure and that the kitchen window was fixed to the tenant's
satisfaction.
The Division mailed on July 14, 1992 a copy of the owner's
petition to the tenant.
In an answer dated July 16, 1992, the tenant denied that the
kitchen windows and the water pressure were fixed. The tenant
otherwise asserted that the building superintendent came into the
apartment about eight times and never finished the job; and that
the plumber at other times came on weekends, not on usual weekday
business hours when the tenant in this case is available.
The Commissioner is of the opinion that this petition should
be denied.
The Administrator's determination was based upon a staff
inspector's report which found defective conditions within the
apartment. This determination was in all respects proper and is
hereby sustained.
The owner's unsubstantiated contention 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 for the first time
on appeal. This unproven assertion is beyond the scope of
administrative review, which is limited to the issues and evidence
before the Administrator. In addition, the tenant disputed the
owner's contention, asserting that the building superintendent came
into the apartment about eight times and never finished the job;
and that the plumber came on weekends which were inconvenient to
the tenant.
The owner's submission in the petition of a building
superintendent's statement that repairs were made is vague and
insufficient to refute the inspection results. In addition, this
undated statement was not raised in the proceeding below prior to
issuance of the Administrator's order and cannot now be considered
in this administrative appeal.
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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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