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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.: AK 430467 RO
DRO DOCKET NO.: Z85LCSOOO343 HH
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 13, 1986, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 28, 1986 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning the housing accommodations
known as 471-476 Central Park West, New York, New York wherein
the Administrator ordered a rent reduction for rent stabilized
and rent controlled apartments.
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 in the administrative appeal.
This proceeding was commenced on June 27, 1986 when various
tenants filed a complaint of inadequate hot water, alleging that
there had been no hot water since June 10, 1986. The tenants
requested a rent reduction.
On July 18, 1986, notice of the complaint was sent to the owner.
In response, the owner stated that a new boiler had been
installed and sent a copy of the work permit issued by the City
of New York for the installation of a new burner/boiler.
Physical inspections of at least 50% of the apartments in the
complex required three days and were conducted by staff members
of the Division of Housing and Community Renewal (DHCR) on August
4, 1986, September 3, 1986 and on October 6, 1986. Although some
apartments initially inspected had the required hot water
temperature, most of the apartments had hot water temperatures of
On October 28, 1986, the Administrator issued the order here
under review where the rent for rent controlled apartments was
reduced by 7 1/2% and the rent for rent stabilized apartments
was reduced to the level in effect prior to the last rent
guideline increase which commenced before the effective date of
AK 430467 RO
In the appeal, the owner requests that the Order be revoked on
the grounds that it never received notification of the complaint
and that the hot water shut down was required for the
installation of a new boiler.
The tenants contend that the owner was well aware of the
complaint and did not act expeditiously in the boiler
The Commissioner is of the opinion that this petition should be
The evidence of record shows that not only was the owner served
with a copy of the complaint but also that it responded thereto.
Section 26-17.01 of the New York City Housing Maintenance Code
requires that hot water be maintained at a temperature of 120
degrees Fahrenheit. The record clearly reflects that the owner
had failed to maintain the necessary hot water temperature.
Although the owner alleges the breakdown in service was caused by
the installation of new equipment, the owner had offered no
justification to account for the time required to complete the
installation and to provide adequate hot water.
Accordingly, the Commissioner finds that the Rent Administrator
properly relied on the inspection results; and that based
thereon, the Administrator properly determined that the owner had
failed to maintain services and properly reduced the tenants'
The Commissioner notes that the owner has applied for and
received a restoration of rent based on a restoration of the
service. The order is without prejudice to such restoration
THEREFORE, in accordance with the Rent and Eviction Regulations
and the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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