FA610108RT
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.: FA610108RT
BENJAMIN HARVEY RENT
ADMINISTRATOR'S DOCKET
NO.: DF630181OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 2, 1991 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 29, 1990. The order concerned various
housing accommodations located at 1650 Metropolitan Avenue, Bronx,
N.Y. The Administrator granted the owner's application for rent
restoration.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on March 28, 1989 by
filing an Application for Rent Restoration wherein it alleged that
it had restored services for which a rent reduction order bearing
Docket No. BH610089B had been issued. The Commissioner notes that
the rents were ordered reduced based on findings of defective
vents, basement in need of cleaning, graffiti on basement walls and
roach infestation. The Commissioner further notes that the issue of
the defective vents is no longer an active issue in this
proceeding.
The tenants were served with copies of the application and
afforded an opportunity to respond. The petitioner-tenant herein
failed to respond.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on May 23, 1990. The
building was reinspected on October 26, 1990. The inspector
reported that services had been restored. The Administrator issued
the order here under review on November 29, 1990 and granted the
owner's application.
FA610108RT
On appeal the tenant states, in sum, that the owner has not
restored services and that the order here under review should be
revoked. The tenant did not offer any documentation in support of
his claim. The petition was served on the owner on January 23,
1991.
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 scope of review in an
administrative appeal is limited to facts or evidence presented
before the Rent Administrator unless it can be shown that such
facts or evidence could not have been presented, The petitioner
did not file a response to the owner's application although
afforded an opportunity to do so. The Commissioner further notes
that the owner's appeal offers no proof to rebut the report of the
DHCR inspector. The order here under review is affirmed.
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
Deputy Commissioner
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