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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, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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RENT ADMINISTRATOR'S
55 REALTY, DOCKET NO.:
FC 210555-S
PREMISES:
55 Winthrop Street
PETITIONER Apt. 4-H, 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 concerning the housing accommodation
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 by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment, inter alia, roach infestation.
In its answer dated July 5, 1991, the owner stated, inter alia,
"repairs completed in apartment. Exterminator serviced building
and comes every fourth Tuesday".
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defecti e condi-
tions.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states, "Ex
terminator services supplied monthly on fourth Tuesday of each
month. Tenant works and was not available for services.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the owner's answer indicates that
access to the tenant's apartment was obtained by July 5, 1991
("Repairs completed in apartment."). The owner in its petition
has not challenged the results of the inspection nor does it deny
the existence of roach infestation. Regarding the allegation
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that the tenant "was not available . . ." the Commissioner notes
that this issue was not raised before the Rent Administrator.
Accordingly, pursuant to Section 2529.6 of the Rent Stabilization
Code, the allegation may not be considered herein when raised for
the first time on administrative appeal. The owner has, otherwise
offered insufficient reason to disturb the Rent Administrator's
order.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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