BI 410178 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.: BI 410178 RO
TREA ESTATES & ENTERPRISES, INC. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BD 510088 HW
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 14, 1987, the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 11, 1987. The order concerned housing
accommodations known as Apt 3D located at 138 West 133rd Street,
New York, N.Y. The Administrator ordered a rent reduction for
failure to maintain adequate 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 by filing a Statement of
Complaint of Decrease in Services on April 15, 1987 wherein he
alleged, inter alia, that there was intermittent heat and hot water
in his apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on May 27,
1987 and stated, in relevant part, that the boiler coil was
defective but had been repaired. This repair caused a temporary
disruption of heat and hot water service but the owner stated that
the interruption was not long.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on July 7, 1987 and
revealed that the hot water temperature was 112 degrees and that
heat was not required at the time of the inspection.
Based on the inspector's report, the Administrator issued the
order here under review on August 11, 1987 and ordered a rent
reduction to the level in effect prior to the most recent guideline
adjustment.
BI 410178 RO
On appeal the owner states the following:
1. When the inspector appeared at the building the
boiler was being serviced by a plumbing and
heating company and the inspector observed the
repairs in progress,
2. The boiler is covered by a repair contract and the
repairs being done at the time of the inspection
were recommended by the company from whom the owner
bought the boiler,
3. A roll-back of the tenant's rent would jeopardize
the ability of the owner to meet expenses
4. A nonpayment proceeding against the tenant is
pending in New York City Housing Court and the
tenant has not alleged intermittent heat and hot
water in that proceeding
The tenant filed a response on December 13, 1987 wherein he
stated that adequate hot water still had not been restored.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
With regard to the owner's assertion that the lack of adequate
hot water was caused by repairs being made at the time of the
inspection, the Commissioner notes that the inspector did not
report any such repairs despite the owner's claim that the
inspector was aware of said repairs. Moreover, the owner did not
submit any evidence to establish the date the alleged work on the
boiler was done. The Commissioner also notes that the tenant's
response to the petition specifically states that adequate hot
water had still not been restored.
With regard to the issues of financial hardship and the
nonpayment proceeding, the Commissioner notes that neither is an
adequate defense to the owner's failure to maintain services.
Pursuant to 9 NYCRR 2523.4 the Administrator was required to reduce
the rent based on the finding that the owner had failed to maintain
required services. Adequate hot water is a required service. The
Commissioner finds that the Administrator properly based the
determination on the entire record including the results of the on-
site physical inspection conducted on July 7, 1987. The order here
under review was correctly issued and is, therefore, affirmed.
The owner may file for rent restoration when services have
been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
BI 410178 RO
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
|