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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
S.F.J. REALTY CORP. DOCKET NO.:
c/o C. WAXMAN, EK 610625-S
PREMISES:
16 Elliot Street
PETITIONER Apt. 5-F, Bronx, 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.
The owner did not interpose an answer to the tenant's complaint
although afforded the opportunity to do so.
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 that
it has a contract with an exterminator for monthly service and
that the tenant requested that repairs be postponed. Attached to
the petition is photocopied bill from the exterminator dated
January 9, 1992 and a photocopied letter dated February 12, 1992,
written in the owner's hand, ostensibly signed by the tenant,
requesting that repairs be delayed until May 1992.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
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The Commissioner notes that neither of the documents attached to
the petition were submitted to the Rent Administrator and that
the owner did not interpose an answer to the tenant's complaint.
Accordingly, pursuant to Section 2529.6 of the Rent Stabilization
Code these documents may not be considered herein when offered
for the first time on administrative appeal. Moreover the
exterminator's bill does not indicate that Apartment 5-F was
serviced and the letter is dated after the issuance of the Rent
Administrator's order. Accordingly, the Commissioner finds that
the owner has 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 a 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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