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.:
HL210261RO
Park Properties Development, RENT ADMINISTRATOR'S
DOCKET NO.:
FJ210630S
PREMISES: Apt. 1P
1250 Ocean Ave.
PETITIONER Brooklyn, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 28, 1993, the above-named owner filed a timely
petition for administrative review against an order issued on
December 6, 1993 by the Rent Administrator reducing the rent and
directing restoration of services based on a finding of failure
to maintain required services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered the portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding on Octber 18, 1991 by filing
a complaint asserting that the owner failed to maintain various
services in the subject apartment, including vermin control and
painting.
On October 29, 1991, DHCR mailed a copy of the tenant's complaint
to the owner. There was no response from the owner.
DHCR notified the tenant on February 5, 1993, seeking information
on whether the problem was resolved. The tenant did not respond.
DHCR also mailed a request for information to the owner on
October 7, 1993.
Thereafter, a physical inspection was conducted on October 26,
1993 by a DHCR staff member who confirmed the existence of
inadequate vermin control in the subject apartment.
After the inspection, the owner replied on November 5, 1993,
asserting that the apartment was painted in 1992 and was
retouched recently. A copy of the owner's answer was mailed to
the tenant, who failed to respond.
By an order dated December 6, 1993, the Administrator directed
the restoration of services and ordered a rent reduction based on
the inspection's finding of inadequate vermin control.
In the petition for administrative review, the owner contends in
substance that regular exterminating services are being provided.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR
is authorized to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. The owner's petition does not establish any
basis to modify or revoke the Administrator's order based on the
October 26, 1993 physical inspection which confirmed the
existence of inadequate vermin control in the subject apartment,
warranting a rent reduction.
The owner's allegation that regular exterminating services are
being provided was not raised in the proceeding below before the
Adminstrator prior to the issuance of the Administrator's order
and is now raised for the first time on appeal. What the owner
raised below was the issue of painting, which is irrelevant to
the Administrator's determination. Accordingly, this defense is
beyond the scope of review which is limited to the issues and
evidence before the Administrator.
The rent will be restored only when an owner's application to
restore rent is filed and granted. The owner is advised to file
such an application if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, 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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