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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.:
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MILDRED A. VINICOR,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BJ430055HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 29, 1987, the above-named petitioner-tenant issued a
petition for administrative review (PAR) against an order issued on
December 9, 1987, by the Rent Administrator, concerning the housing
accommodation known as 47 Jane Street, New York, New York,
Apartment 11, wherein the Rent Administrator determined that the
tenant's application for a reduction in rent based upon the owner's
failure to provide heat or hot water services should be denied and
the proceeding terminated. The order was based on two Division of
Housing and Community Renewal (DHCR) inspections held on November
16, 1987 and November 24, 1987 which showed that hot water services
were adequate.
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 by the administrative appeal.
The issue herein is whether the owner is providing heat and hot
water services and whether the Rent Administrator properly denied
the tenant's application for a reduction of rent.
On October 23, 1987, the tenant filed a complaint alleging, in per-
tinent part, that the owner was not providing hot water services.
The owner filed an answer to the complaint alleging, in substance,
that all preexisting heat and hot water problems were remedied by
its installation of a new cast iron boiler, hot water heater and
storage tank on the premises on October 24, 1987.
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On appeal, the petitioner-tenant asserted, in pertinent part, that
the owner is only providing intermittent hot water services and
that when the DHCR inspector appeared at the premises, hot water
was being provided.
The petition was served on the owner on January 29, 1988 and on
March 16, 1988, the owner filed an answer to the petition stating
that a new cast iron boiler, hot water heater and storage tank were
installed at the subject premises on October 24, 1987, which
remedied all heating and hot water problems.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Section 2523.4 of the Rent Stabilization Code provides, in perti-
nent part, that a tenant may apply to the DHCR for a reduction of
the legal regulated rent to the level in effect prior to the most
recent guidelines adjustment, and the DHCR shall so reduce the rent
for the period for which it is found that the owner has failed to
maintain required services. Required services are defined in
Section 2520.6(r) to include heat and hot water.
The Commissioner has considered but rejects the tenant's argument
that the Rent Administrator erred by issuing the appealed order of
December 9, 1987.
The New York City Housing Maintenance Code requires that hot water
be supplied at all times at a constant minimum temperature of 120@
degrees.
An inspector visited the subject apartment on November 16, 1987 and
November 24, 1987 and found that the owner was adequately main-
taining heat and hot water services and had satisfied the minimum
hot water requirements.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of both
on-site inspections conducted on November 16, 1987 and November 24,
1987.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
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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
Deputy Commissioner
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