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.: BJ 410121 RO
ANTHONY ARMATO DISTRICT RENT
NO.: BE 420023 HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 6, 1987 the above named petitioner-owner
filed a Petition for Administrative Review against an order of
the Rent Administrator issued September 28, 1987. The order
concerned housing accommodations known as Apt 6A located at 208
East 21st Street, New York, N.Y. The Administrator order a rent
reduction for failure to maintain adequate heat and/or hot water.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on May 8, 1987 by
filing an application for rent reduction due to owner's failure
to provide adequate heat and hot water. She alleged a lack of
heat between April 6 and May 1, 1987. She also alleged
inadequate hot water between March 1 and May 1, 1987. The owner
was served with a copy of the complaint 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 July 2, 1987
and revealed the hot water temperature to be 60 degrees. An
additional inspection on August 10, 1987 found the hot water
temperature to be 81 degrees.
The Administrator issued the order here under review on
September 28, 1987 and ordered a rent reduction of one guideline
increase effective June 1, 1987.
On appeal the owner states that adequate hot water is being
maintained but that one tenant is shutting off the boiler system
in order to obtain a rent reduction. The owner requested an
inspection. The tenant did not file a response.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
The Commissioner notes that the scope of review in an
administrative appeal proceeding is limited to facts or evidence
presented before the Administrator. The owner was served with a
copy of the complaint herein but did not file a response.
Accordingly, he cannot now raise objections before the
Moreover, the rent reduction order was properly based on the
results of two physical inspections which revealed inadequate hot
water and the owner did not submit any evidence to warrant
modification or reversal of that determination.
THEREFORE, pursuant to the Rent Stabilization Law and Code
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner