BH 620112 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BH 620112 RO
: DRO DOCKET NO.ZBE-620012-HW
MICHAEL LAUB
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 7, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
16, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
2725 Webb Avenue, Bronx, New York, Apartment No. 1C, wherein the
Rent Administrator determined that the owner had failed to
maintain services and accordingly reduced the rent of the subject
apartment.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2202.16 of the Rent and Eviction Regulations
for New York City.
The issue herein is whether the Rent Administrator's order
was warranted.
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 May 1987, by the
filing of a Tenant's Application for a Decrease in Rent in which
the tenant stated in substance that there was inadequate heat and
hot water.
In response to the tenant's complaint, the owner stated in
substance that a new boiler/burner has been installed and that
heat and hot water are always adequately supplied as evidenced by
an inspection conducted on April 24, 1987, during the course of an
earlier proceeding wherein the tenant had filed a similar
complaint.
On July 1, 1987, a physical inspection was conducted at the
subject apartment. Such inspection disclosed that the hot water
temperature was below the required 120 degrees (it ranged from 108
degrees to 114 degrees).
In Order Number ZBE-620012-HW, the Rent Administrator
BH 620112 RO
determined that, based upon the physical inspection, there was
inadequate hot water and reduced the rent by 7 1/2% per month
effective the first rent payment date following the issuance of
the Rent Administrator's order.
In this petition, the owner alleges in substance that there
is adequate hot water as evidenced by the April 24, 1987
inspection held under docket ZBB-620188-HW.
In answer to this petition, the tenant stated in substance
that the hot water service is still inadequate.
The Commissioner is of the opinion that this petition should
be denied.
Section 2202.16 of the Rent and Eviction Regulations for New
York City provides in pertinent part that if the landlord fails to
maintain services, the Administrator may order a decrease in the
maximum rent in an amount which the Administrator in his
discretion may determine.
In the instant case, the evidence of record including the
physical inspection conducted on July 1, 1987, discloses that
there was inadequate hot water. The fact that an earlier
inspection conducted on April 24, 1987 did not indicate inadequate
hot water is not a sufficient basis to overturn the Rent
Administrator's order herein which was based on the later
inspection finding a lack of adequate hot water. Accordingly, the
Rent Administrator's order reducing the rent 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 if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, 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.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
BH 620112 RO
|
