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.: BH410079RO
ANTHONY ARMATO RENT
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,
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
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.
JOSEPH A. D'AGOSTA