HE110174RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
------------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: HE110174RO
Morris Weintraub Associates,
RENT ADMINISTRATOR'S
DOCKET NO.: GK110293S
PETITIONER
------------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 24, 1993, the above-named petitioner-owner filed a petition
for administrative review of an order issued on April 20, 1993 by
the Rent Administrator, concerning the housing accommodation known
as 175-27 Wexford Terrace, Apt. 4A, Jamaica, N.Y., wherein the
Administrator issued an order listing the specific services the
owner failed to maintain, reduced the rent, and directed the owner
to restore the services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of a decrease in services dated November 16, 1992,
alleging, in pertinent part, that the bathroom ceiling had
collapsed and was in need of emergency repair. A copy of the
tenant's complaint was served on the owner who advised that the
ceiling was repaired prior to November 30, 1992, enclosing a bill
for same. The owner stated that while the repair has been made,
the tenant has refused access for painting.
An inspection conducted by a DHCR staff inspector on March 30, 1993
revealed that the ceiling had been repaired, but not painted, and
that the repair was unworkmanlike, resulting in the issuance of the
order herein appealed.
In the PAR, the owner contends that once it was claimed the work
was not properly done, he attempted to fix it up to standard but
HE110174RO
the tenant refused to let the owner's employees in to paint and
plaster.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
In the proceeding below, the owner asserted that the repairs were
completed except for painting. The Administrator, based on an
inspection, found that the repairs were completed in an
unworkmanlike manner. The assertions in the owner's PAR deal with
circumstances which took place after the order was issued. Such is
outside the Commissioner's scope of review in an administrative
appeal proceeding which generally is limited to the facts and
evidence which were before the Administrator. The Commissioner
finds that the Administrator properly relied on the results of the
inspection to determine the outcome in this case.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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 is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
