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.:
STADIUM REALTY COMPANY,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for admin-
istrative review (PAR) of an order issued concerning the housing
accommodation known as 1130 Stadium Avenue, Apartment 5-A, Bronx,
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced the proceeding below by filing a complaint on
May 27, 1986, asserting that the owner had failed to maintain heat
and hot water services in the subject apartment, for at least three
to four times a month.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that heat and hot water services
are always provided.
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector on
August 1, 1986, who confirmed that the following defective
No hot water supplied at
the time of inspection.
Boiler is inoperative.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that heat and hot water is adequately provided, that
they never received a copy of the inspection report, and that they
are enclosing a copy of a letter from a company that maintains the
boiler stating that the building has never been without proper heat
and hot water for more than a three (3) hour period.
The DHCR served a copy of the petition on the tenant on December 3,
1986. The tenant states that there was a total of thirty-one (31)
days in 1986 that she was without heat and hot water and that the
owner should not be allowed to have the rent restored.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application the tenant,
where it is found that the owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection on August 1, 1986, confirming the existence of
inadequate hot water service in the subject apartment for which a
rent reduction is warranted.
The Division's records reveal that the owner's rent restoration
application was granted (Docket No. CA610017OR).
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
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
JOSEPH A. D'AGOSTA