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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.: GD 210184 RO
PHILIP GALLO RENT
NO.: EC 210686 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 13, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 30, 1992. The order concerned housing
accommodations located in the basement of 420 Eighth Avenue,
Brooklyn, N.Y. The Administrator ordered a rent reduction for
failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on March 16, 1990 by
filing a Statement of Complaint of Decrease in Services wherein she
alleged the following services deficiencies:
1. Rotted and corroded flooring throughout apartment,
2. Defective refrigerator,
3. Exterminator does not visit apartment,
4. Leaking toilet flushometer,
5. Door to apartment in need of repainting.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner failed to file a response.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 20, 1992 and
revealed the following:
1. Evidence of roach infestation in kitchen,
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2. Leaking flushometer.
The following services were found to have been maintained:
1. No evidence of defective floor covering,
2. Refrigerator in good condition,
3. Apartment door not in need of painting or
The Administrator issued the order here under review on March
30, 1992 and ordered a rent reduction of an amount equal to the
most recent guideline adjustment based on the report of the
On appeal the owner states that an exterminator is available
for the tenant's use and that the tenant has failed to notify the
owner of the problem with the flushometer or to provide access for
repairs to be made. The tenant filed a response on May 2, 1992 and
contradicted the statements of the owner. The owner filed a reply
on May 21, 1992 and again stated that extermination services were
available for the tenant and that the tenant failed to notify him
that the flushometer was in need of repair.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
Numerous prior decisions of the Commissioner have stated the
well settled administrative law doctrine that the scope of review
in an administrative appeal is limited to facts or evidence
presented to the Administrator, unless it can be shown that those
facts or evidence could not have been presented. In this
proceeding the owner did not respond to the complaint and does not
offer any explanation for the failure to do so. Accordingly, the
Commissioner cannot consider the owner's arguments on appeal.
Pursuant to 9 NYCRR 2523.4 a tenant may apply to the DHCR for
a rent reduction and the Administrator is required to reduce the
rent upon a finding of failure to maintain required services.
Required services include the providing of routine maintenance and
repair pursuant to 9 NYCRR 2520.6 (r). The Commissioner finds that
the Administrator based this determination on the entire record
including the results of the on-site physical inspection conducted
on March 20, 1992. The order here under review is affirmed.
The owner may file for rent restoration when services have
been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner