BJ 410273 RT
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.: BJ 410273 RT
SARA GORFINKLE,
DRO DOCKET NO.: BC 410085 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 26, 1987 the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on October 1, 1987
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning housing accommodations known as 210
East 68th Street, New York, New York, Apartment 16-D.
The issue in this appeal is whether the District Rent
Administrator properly denied the tenant's application for a
reduction in rent based upon a decrease in services.
The District Rent Administrator's order, appealed herein denied
the tenant's application for a decrease in rent on the basis that
the facts in the case did not warrant the relief requested under
Section 2523.4 of the Regulations. This order was issued without
prejudice to the tenant's filing of another application, if other
facts can be shown, which warrant relief under the regulations.
On appeal, the petitioner-tenant alleged that the District Rent
Administrator did not give any substantive reason for the denial
of her application for a decrease in rent predicated on the
owner's failure to repair a clanging radiator in her apartment.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The record shows that the tenant began complaining about
clanging radiators immediately after the owner installed two new
oil burners and two new boilers in December, 1984.
The tenant filed the subject complaint for a decrease in rent
with the Division of Housing and Community Renewal (DHCR) on
March 2, 1987.
On April 1, 1987 the owner filed an answer to the tenant's
complaint stating that the tenant is precluded from complaining
BJ 410273 RT
about the burner-boiler installation because two years have
elapsed since the tenant was notified of an increase of rent
predicated on such installation; that all necessary repairs were
made in the subject apartment; that numerous radiator steam traps
were installed throughout the building; that none of the other
residents of the building have complained about clanging
radiators and that, therefore, an inspector should be sent to the
subject apartment to resolve the issue.
Section 2523.4(a) 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
had failed to maintain required services.
The Commissioner finds that the District Rent Administrator acted
properly in holding that the tenant failed to show that any noise
emanating from the radiator constituted a reduction in service
within the meaning of 9 NYCRR 2523.4 warranting a decrease in
rent.
A review of DHCR records disclosed that there are no outstanding
building-wide service complaints involving allegations of
clanging radiators in this building other than the subject
tenant's.
Accordingly, the District Rent Administrator did not err in
issuing the order of October 1, 1987.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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