DOC. NO.: BB 610057-RO
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. BB 610057-RO
DRO DOCKET NO. AK 610083-HW
GLOVEBOX REALTY CORP., -OWNER :
ORDER AND OPINION DENYING PETITION FOR
On February 2, 1987, the above-named petitioner filed a Petition for
Administrative Review against an order issued on December 29, 1986 by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodation known as 2555 Grand Concourse,
apartment 3E, Bronx, New York wherein the Administrator determined
that there had been a decrease in services and ordered a reduction in
The tenant (Gladys Diaz) commenced this proceeding on November 17,
1986 by filing a complaint of inadequate heat and hot water. The
tenant requested a rent reduction.
In the order here under review, the Administrator determined that heat
and hot water services were not being maintained. Based on the
decreased services, the Administrator reduced the rent to the level in
effect prior to the last rent guidelines increase.
In the appeal, the owner contends that adequate heat and hot water are
provided as required by housing regulations. The owner acknowledges
that a temporary service decrease may have occurred as a result of
mechanical failure which had been promptly repaired.
In reply to the petition the tenant contends that the petition should
be denied because the owner has not complied with the order reducing
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
DOC. NO. BB 610057-RO
Review of the Division's records discloses that the owner applied for
a rent restoration on August 21, 1989 in which the owner stated the
heat and hot water were supplied in accordance with the law and that
a new heating plant had been installed at the subject premises. The
owner's unproved assertions regarding the adequate provision of heat
and hot water are insufficient to reverse the determination by the
Administrator. Accordingly, the Commissioner finds that the
Administrator correctly ordered a reduction in the rent.
The Commissioner notes that the rent was restored in order number ZDH
610185-OR, issued May 24, 1990.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it
ORDERED, that this petition be, and the same hereby is, denied, and
the Rent Administrator's order be, and the same hereby is, affirmed.