STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 20, 1992, the above-named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued on
January 16, 1992, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
94-06 34th Road, Queens, New York, wherein the Administrator deter-
mined the owner's application to restore rent predicated on a
restoration of service.
The challenged order denied rent restoration to rent stabilized
tenants based on the results of inspections conducted on December
13 and 16, 1991 and January 6, 1992 that found the bell/buzzer and
intercom systems to be defective. The Administrator granted the
owner partial rent restoration to rent controlled tenants for other
services found to have been restored, and advised the owner to
refile for the remaining items.
On appeal, the owner requests that the bell/buzzer intercom issue
be reconsidered, and that the balance of the rent reductions be
restored. The owner asserts that a new intercom system has been
installed and will produce proof upon request.
The Administrator's determination was correct.
The owner has not indicated, either below or on appeal, when the
new intercom system was installed, or whether the intercom system
found to be defective on inspection was the existing equipment or
the new system recently installed. If the equipment found to be
defective was the new equipment installed to restore or upgrade
services, the Administrator's determination was correct and rent
abatements were warranted. The owner remained responsible to
insure that new equipment operates properly.
If the installation of the new intercom system occurred after the
inspection, the determination was also correct, as the record
presented does not show that the owner advised the Rent Adminis-
trator of the measures taken to resolve intercom system problems by
removing the existing equipment.
The owner's offer to produce proof of the installation upon request
is inadequate to warrant a different result. An administrative
appeal is strictly limited to a review of the issues and evidence
before the Administrator, and not to consider new claims.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, the City Rent Control Law, and the Rent Stabiliza-
tion Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied and
that the District Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA