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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
VIGART REALTY LTD., DOCKET NO.:
91-16 34th Avenue, Apt. C-4
PETITIONER Jackson Heights, NY
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-
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, in
substance, that the tenant had been denying access to t e apart-
ment and attaches photocopies of certified letters allegedly sent
to the tenant.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the owner did not raise the issue of
denied access when this proceeding was pending before the Rent
Administrator nor did it interpose any answer at all to the
tenant's complaint. Accordingly, pursuant to Section 2529.6 of
the Rent Stabilization Code, the allegation and supporting
GA 110162 RO
letters may not be considered now when they are offered for the
first time on administrative appeal.
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 Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner