HI110076RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: HI110076RO
JOHN KRUCK RENT
ADMINISTRATOR'S DOCKET
NO.: FL110212OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 20, 1993 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued June 29, 1993. The order concerned
housing accommodations known as Apt. C2 located at 168-07 89th
Ave., Jamaica, N.Y. The Administrator denied the owner's rent
restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on December 24, 1991 by
filing a rent restoration application wherein he alleged, in sum,
that he had restored services for which a rent reduction order
bearing Docket No. FH110382S had been issued. The Commissioner
notes that the Administrator reduced the tenant's rent based on a
finding that vermin control was not being maintained.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
June 8, 1993 and stated that the apartment was still infested with
roaches and rats and that extermination services are not being
provided.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on June 18, 1993 and
revealed the existence of live roaches in the kitchen. The
Administrator issued the order hereunder review on June 29, 1993
and denied the application based on the inspector's report.
On appeal the owner states that the tenant denied access to
the exterminator for the period between March and July, 1993. The
owner further states that access was finally obtained in August,
HI110076RO
1993. The petition was served on the tenant on September 30, 1993.
The tenant filed a response on January 31, 1994 and stated, in
sum, that the petition should be denied and the order hereunder
review should be affirmed based on the above described inspector's
report.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the scope of review in an
administrative appeal is limited to facts or evidence presented
before the Rent Administrator unless it can be shown that such
facts or evidence could not have been presented. The owner never
raised the claim of failure to provide access before the
Administrator. The owner's application to restore rent states that
services have been restored and makes no mention of the access
issue. The Administrator correctly denied rent restoration based
on the above described inspector's report. The order hereunder
review is affirmed. The Commissioner notes that the owner
reapplied for rent restoration and that said application (Docket
No. HG110166OR) is pending before the DHCR.
THEREFORE, pursuant to 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 is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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