BG 410157 RO
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.: BG 410157 RO
DOLPHIN LEASING CORP. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BC 520048 HW
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 3, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 29, 1987. The order concerned housing
accommodations known as Apt 7 located at 522 West 161st Street, New
York, N.Y. The Administrator ordered a rent reduction for failure
to maintain 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 9, 1987 by filing
an Application to Reduce Rent based upon Owner's Failure to
maintain Adequate Heat and/or Hot Water. She stated that the owner
failed to provide adequate heat and hot water on 5 different
occasions in 1987.
The owner was served with a copy of the application and
afforded an opportunity to respond. The owner failed to respond.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on April 15, 1987 and
revealed that heat was not being provided and that the hot water
temperature was 118 degrees.
The Administrator issued the order here under review on May
29, 1987 and ordered the maximum legal collectible rent reduced by
7 1/2% effective June 1, 1987 based on the inspector's report.
On appeal the owner states, inter alia, that the tenants have
not been denied adequate heat or hot water.
The tenant filed a response on September 24, 1987 and stated
BG 410157 RO
that the order here under review should be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the scope of review in an
administrative appeal is limited to facts or evidence presented
before the Rent Administrator unless it is shown that such facts or
evidence could not have been presented. Since the owner did not
respond to the application the defense it raises at this time may
not be considered. The Commissioner further notes that the owner's
statement of denial is wholly inadequate to rebut the report of the
DHCR inspector.
Pursuant to 9 NYCRR 2202.16 if it is found that the owner
fails to maintain required services, the Rent Administrator may
order a decrease in the maximum rent in an amount determined by the
reasonable exercise of discretion. The record in the instant case
reveals that the tenant complained about inadequate heat and hot
water and a physical inspection conducted on April 15, 1987
confirmed that these conditions indeed existed. Accordingly, the
Commissioner finds that the Administrator properly determined that
the owner was not maintaining required services and for this reason
a rent
reduction was warranted. The order here under review is affirmed.
The Commissioner notes that the owner has filed for rent
restoration and said application was granted on April 17, 1989 (see
Docket No. 520060 OR).
THEREFORE, pursuant to the Rent and Eviction Regulations it is
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
Acting Deputy Commissioner
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