BH 210280 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. BH 210280 RO
:DRO DOCKET NO. ZBG-230005-HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 26, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
August 12, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 110 Avenue S, Brooklyn, New York, Apartment No. 2,
wherein the Rent Administrator determined that the owner had
failed to maintain adequate hot water service and accordingly
reduced the rent of the subject apartment.
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 by the filing in
JUne 1987 of a tenant's application for a rent reduction based
upon the owner's failure to provide and maintain adequate hot
The owner was sent a copy of the tenant's complaint on July
21, 1987, afforded an opportunity to answer and told that a
failure to answer would result in a determination based on the
evidence in the file. There is no record that the owner filed a
response to the tenant's complaint.
In Order Number ZBG-230005-HW, the Rent Administrator
determine that, based on the owner's failure to answer the
tenant's complaint, inadequate hot water was being supplied and
reduced the rent to the level in effect prior to the most recent
guideline adjustment effective August 1, 1987.
In this petition, the owner alleges in substance that it
always supplies adequate hot water.
BH 210280 RO
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 has
failed to maintain required services.
In the instant case, the Commissioner is of the opinion that
it was proper to reduce the rent based on the owner's failure to
answer the tenant's complaint since the owner was specifically
advised that a failure to respond within the specified time frame
would result in a determination based on the evidence currently in
the file. Accordingly, the Rent Administrator's order was
This order is issued without prejudice to the owner's filing
of an application to restore the rent due to a restoration of
services if the facts so warrant.
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.
BH 210280 RO