AI 210229 RO
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.: AI 210299 RO
MARLE REALTY CO. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: 85 KCS 000323 HH
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 29, 1986 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued September 8, 1986. The order concerned
housing accommodations located at 415 Ablemarle Road, Brooklyn,
N.Y. wherein the Administrator ordered a building-wide rent
reduction for failure to maintain heat and hot water.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
On June 6, 1984 forty-four tenants began this proceeding by
filing a building-wide complaint alleging decreased services to
wit: inadequate heat and hot water levels and water pressure and
noise associated with heat coming from pipes.
Based on the evidence in the record, the Administrator
ordered a rent reduction for the month of October, 1986.
On appeal the owner stated that there was no reduction in
services at any time, that cold water was provided and/or
maintained as required and that a new water pressure pump was
installed to alleviate any pressure problems.
The tenants, through their representative, filed a response
on October 28, 1986 wherein it was stated that the owner's
petition offered no proof that adequate heat and hot water was
supplied. The tenants also stated that, while a new water
pressure pump was indeed installed, the underlying problems that
prompted the compliant still exist. The tenant's representative
also submitted copies of letters, dated June 1, July 1, September
1, and October 1, 1986 wherein she made specific complaints about
inadequate heat and hot water.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The Commissioner agrees with the tenants that the owner has
done nothing more than state that there was no reduction in
services and that adequate water pressure was maintained. Absent
any proof to that effect, the Commissioner finds that the order
here under review was correctly issued and, therefore, must be
affirmed.
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
Acting Deputy Commissioner
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