BH410079RO
                                  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


          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.:  BH410079RO
                                                  
          ANTHONY ARMATO                          RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.: BE420025HW
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                       AND REVOKING RENT ADMINISTRATOR'S ORDER

               On August 6, 1987 the above named petitioner owner filed a 
          Petition for Administrative Review against an order of the Rent 
          Administrator issued July 3, 1987.  The order concerned housing 
          accommodations known as Apt. 3A located at 208 East 21st Street, 
          New York, N.Y.  The Administrator ordered a rent reduction based on 
          the failure of the owner to provide adequate heat and hot water.

               The Commissioner has reviewed the record and carefully 
          considered that portion relevant to the issues raised by this 
          appeal.  The tenant commenced this proceeding on May 7, 1987 by 
          filing a complaint alleging that the owner failed to provide 
          adequate heat and hot water on various days in 1987.  A copy of the 
          complaint was served on the owner.  On June 1, 1987 the tenant 
          filed a confirmation of failure to maintain adequate heat and hot 
          water with the Administrator.

               The Administrator issued the order here under review on July 
          3, 1987.  A rent reduction of an amount equal to 7 1/2% of the 
          maximum legal collectible rent was ordered effective August 1, 
          1987.

               On appeal the owner attaches a copy of a response to the 
          complaint allegedly filed on May 27, 1987.  In that answer the 
          owner stated that the boiler was repaired immediately upon notice 
          to it that the boiler was not functioning properly.  The owner 
          further states that subsequent complaints that the boiler was 
          malfunctioning were investigated and the boiler was found to be 
          functioning properly.  The owner claims that it had spent monies to 
          repair and upgrade the boiler system.  The owner attached a paid 
          bill, dated March 25, 1987, which was offered to show that the 
          boiler was repaired as soon as the owner was made aware that it was 
          malfunctioning.  The owner also stated in the petition that heat 












          BH410079RO


          and hot water complaints had been filed by other tenants at the 
          same time that this tenant filed his complaint and that those other 
          complaints were denied.  The owner stated that the Administrator's 
          order was issued in error and should be revoked.  The petition was 
          served on the tenant on November 5, 1987.  

               The tenant filed a response to the petition on November 20, 
          1987 and stated that he had not received a copy of the owner's 
          petition but that problems still existed with the heat and hot 
          water. A copy of the petition was sent to the tenant on July 21, 
          1993.  The tenant filed a response on September 10, 1993 and 
          stated, in sum, that the order here under review should be affirmed 
          because the former owner failed to maintain adequate heat and hot 
          water and any statements made to the contrary are false.

               After careful review of the evidence in the record the 
          Commissioner is of the opinion that the petition should be granted 
          and the order here under review should be revoked.

               The Commissioner is of the opinion that the owner has set 
          forth sufficient proof that it responded to the tenant's complaint.  
          The owner's response stated that the boiler had been repaired 
          immediately upon receipt of notice that it was malfunctioning.  The 
          Commissioner notes that the Administrator did not order a physical 
          inspection of the apartment to investigate the complaint and 
          confirm the allegation of inadequate heat and hot water.  Based on 
          the facts as contained in this record the order here under review 
          was issued in error.  The order must therefore be revoked.

               The Commissioner notes that the owner filed for rent 
          restoration and the Administrator granted this application on May 
          3, 1988.  Consequently, any arrears owed by the tenant shall not 
          exceed the difference between the rent established by the order 
          here under review and the prior rent.

               THEREFORE, pursuant to the Rent and Eviction Regulations for 
          New York City it is 

               ORDERED, that this petition be, and the same hereby is, 
          granted and that the Rent Administrator's order be, and the same 
          hereby is, revoked.

          ISSUED:


                                                                             
                                               JOSEPH A. D'AGOSTA
                                               Deputy Commissioner 
                               
           
                                                                             
    

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