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. BF 610233 RO
: DRO DOCKET NO. ZBA 610202HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 24, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
29, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
227 East 178th Street, Bronx, New York, Apartment No. 4DW, wherein
the Rent ADministrator determined that the owner had failed to
maintain services and accordingly reduced the rent of the subject
The Administrative Appeal is being determined pursuant to the
provisions of Section 2523.4 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order
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.
This proceeding was originally commenced in January, 1987,
by the filing of an Individual Tenant Statement of Complaint in
which the tenant stated in inter alia that there was inadequate
heat and hot water in the subject apartment.
In response to the tenant's complaint, the owner stated inter
alia that there is an adequate supply of heat and hot water at all
An inspection was held at the subject apartment on April 21,
1987/ Such inspection disclosed that adequate hot water was not
being provided in that the hot water temperature was only 99
degrees F. rather than at least 120 degrees F. as required.
In Order Number ZBA 610202-HW, the Rent Administrator
determined that, based upon the physical inspection, a service
decrease had occurred in the subject apartment and reduced the
rent to the level in effect prior to the most recent guideline
adjustment effective January 1, 1987.
BF 610233 RO
In this petition, the owner alleges in substance that there
is always adequate heat and hot water in the subject apartment.
In response to the owner's petition, the tenant stated in
substance that adequate heat and hot water are not being supplied.
The Commissioner is of the opinion that this petition should
Section 2523.4 of the Rent Stabilization Code provides in
pertinent 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 ha
failed to maintain required services.
In the instant case, the evidence of record including a
physical inspection by a DHCR inspector disclosed that the
temperature of the hot water provided was too low. Accordingly,
the Rent Administrator's order was warranted.
This order is issued without prejudice to the owner's filing
of an application to restore the rent due to a restoration of
services when the required repairs have been made.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ADMINISTRATIVE REVIEW BUREAU
ARB Docket No.: BF 610233 RO
DRO Docket No/Order No.: ZBA 610202-HW
Tenant(s): Sarah Gordon
Owner: David Marks
Code Section: 2523.4 of RSC
Premises: 227 East 178th Street, Bronx, New York, Apt. 4DW
Order and Opinion Denying Petition
Petition denied on basis physical inspection disclosed hot
water temperature was inadequate.
Mailed copies of Order and Determination to:
Date: : by