BI 430225-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.:
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FOTINI THEOHRIDOU,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BF 430097-HW
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
AND REVOKING ADMINISTRATOR'S RENT REDUCTION ORDER
On September 16, 1987, the above-named petitioner-owner filed a
petition for administrative review of an order issued on August 12,
1987, by the Rent Administrator, concerning the housing accommoda-
tion known as 13 Carmine Street, New York, New York, Various apart-
ments, wherein the Administrator determined the tenants' complaint
of inadequate heat and hot water. The Administrator granted the
tenants rent reductions building-wide, based on the owner's
apparent failure to respond to the tenants' allegations of service
decreases.
On appeal, the owner points out that the owner answered by certi-
fied mail on August 6, 1987. In fact, the owner's answer, stamped
received on August 7, 1987, appears not to have reached the case
docket in time for the Administrator's consideration.
The owner's answer disputed the tenants' allegations of inadequate
heat and hot water, characterized the allegations of the five (5)
signatories to the complaint as "complete fabrications", documented
oil delivery bills for the period from October 1985 through May
1987, and pointed out that the owner was not cited for violations
by the City Office of Code Enforcement during the period. In fact,
the owner had been cited on one (1) occasion in April, 1986 prior
to the complaint, for inadequate heat at 64 degrees F.. However,
inspections conducted for several weeks both prior to and after
that date reported the heat, as well as the hot water, to be
adequate.
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With the petition the owner also submits a copy of a statement,
signed by eight (8) tenants, to the effect that the owner supplied
adequate heat and hot water for the years from October 1985 through
1987 to the date of the petition. Copies of the owner's petition
were served on the tenants. Only one tenant responded, stating
that heat and hot water were adequate.
Division records further reveal that the Administrator granted the
owner's application to restore rent per Docket No. BJ 430195-OR by
an order dated May 4, 1988.
The record confirms that the owner filed a timely answer. There-
fore, the Administrator's determination granting the tenants' rent
reductions based on the owner's apparent default was not correct
and must be revoked based on an irregularity in a vital matter.
It is also highly unlikely that further investigation into seasonal
events, more than five years after the facts described, would
elicit additional information concerning the conditions alleged.
In light of the record presented below and on appeal, including the
statements of several tenants disputing other tenants' complaints
of inadequate heat and hot water and, in the absence of a DHCR
inspection, several inspections by the City Office of Code Enforce-
ment, finding no cause for the complaint, the Deputy Commissioner
is of the opinion that rent reductions were not warranted, and that
a remand for further consideration is not appropriate.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the City Rent Control Law, and the City Rent and Eviction
Regulations, it is
ORDERED, that the owner's petition be, and the same hereby is
granted and the Administrator's order be, and the same hereby is
revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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