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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
APPEALS OF DOCKET NOS.:
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KINGS HIGHWAY REALTY, BG 210329-RO
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BB 210107-HW
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 13 and 14, 1987, the above-named petitioner-owner filed a
petition for administrative review against an order issued on
June 23, 1987 by a Rent Administrator concerning the housing
accommodation known as 217 Quentin Road, Brooklyn, New York
wherein the Administrator ordered a rent reduction for five
apartments based on the owner/landlord's failure to provide
and/or maintain heat and/or hot water.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issue
raised by the administrative appeal.
(The owner's petition was erroneously assigned two docket numbers
which are consolidated herein for disposition).
Twenty tenants joined in filing a complaint of failure to provide
numerous building-wide services including an alleged lack of
heat. A copy of the complaint was served on the owner on
February 27, 1987 with a directive to resolve the services of
heat and/or hot water or a rent reduction and/or additional
penalties might result.
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A physical inspection of the premises was requested with instruc-
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tions to determine if heat is being provided. On April 8 and
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14, 1987 the inspector visited the subject building and gained
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access to 15 apartments where the inside temperature was found to
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be between 71 and 74 degrees while the outside temperature was 53
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degrees on April 8 and 51 degrees on April 14, 1987. The in-
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spector also tested the hot water temperature and found that it
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was 120 degrees except in five apartments where it was 119
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degrees. The five apartments were all inspected on April 14,
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1987.
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Two orders were issued by the Rent Administrator on June 23,
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1987, one ordering a rent reduction for the tenants of the five
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apartments for which the physical inspection revealed a hot water
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temperature of 119 degrees, and the second order denying the
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application for all other tenants and terminating the proceeding
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based on a finding that a physical inspection revealed services
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to be adequate.
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In the petition for administrative review, the owner asserts that
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the heating system was repaired on February 25, 1987 before the
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rent reduction order was issued and even before the complaint was
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received by the owner.
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After careful consideration of the evidence of record, the Com-
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missioner is of the opinion that the petition should be granted.
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A review of the record reveals that the tenants did not allege a
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lack of hot water in their complaint and the inspector was not
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instructed to investigate the hot water temperature. The owner
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had no notice that there was any problem with the hot water and
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the rent reduction on this basis is unwarranted and must be
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revoked.
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THEREFORE, in accordance with the Rent Stabilization Law and Code
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and the Rent and Eviction Regulations for New York City, it is
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ORDERED, that these petitions be, and the same hereby are,
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granted and the rent reduction ordered by the Rent Administrator
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be, and the same hereby is, revoked.
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ISSUED:
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JOSEPH A. D'AGOSTA
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