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.: GA220030RO
Park Place Associates, RENT ADMINISTRATOR'S
DOCKET NO.: FC220844S
PETITIONER PREMISES: 97 Brooklyn Ave.
Apt.4E
Brooklyn, NY
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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 10, 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.
The tenant commenced this proceeding on March 18, 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner stated in substance that the complaint was
initially difficult to read; that "after several attempts, access
was gained for inspection on June 10, 1991."; and that upon being
asked whether repairs should be performed, the tenant advised he
cannot give a date at this time.
On June 25, 1991, the tenant replied that the defective conditions
continued to exist.
Thereafter, an on-site inspection of the subject apartment was
conducted on November 20, 1991 by a DHCR staff member who confirmed
that the living room walls had crumbling plaster around the wall
outlet; the living room walls had cracks; the living room walls and
ceiling had mildew and water stains; there was no door chain on the
apartment entrance door; and there were roach and mice droppings in
the kitchen.
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GA220030RO
By an order dated on December 10, 1991, the Administrator directed
the restoration of services and reduced the rent as follows:
Living room walls - $5.00
Living room leaks and stains - $5.00
Apartment vermin control- $6.00
In the petition for administrative review, the owner contends that
repairs were completed on June 25, 1991; and that the building has
a monthly exterminating service. Attached to the petition were
copies of a tenant-signed work completion form and a receipt of a
paid exterminating bill.
On March 3, 1992, DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
In the instant case, the owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on the November 20, 1991 on-site inspection, confirming the
existence of defective conditions for which a rent reduction is
warranted.
The copies of a tenant-signed work completion form and a receipt of
a paid exterminating bill were submitted for the first time on
appeal and are beyond the scope of administrative review, which is
limited to the issues and evidence before the Administrator. The
Commissioner notes that these rent restoration applications were
denied: GA220186OR on July 7, 1992 and GJ220142OR on April 9, 1993.
Accordingly, the Administrator's determination was in all respect
proper and is hereby sustained.
THEREFORE, in accordance with the Rent and Eviction Regulations, 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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