BJ 410296 RT
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 410296 RT
JOVITA C. VEGA,
DRO DOCKET NO.: BA 420154 HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 29, 1987 the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on May 29, 1987, by
the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
203 West 109th Street, New York, New York, Apartment 5-R.
The issue is whether the District Rent Administrator properly
denied the tenant's Statement of Complaint of Decrease in
The District Rent Administrator's order, appealed herein, ordered
that the tenant's application be denied and the proceeding
terminated, based on the findings of an inspection held on April
21, 1987, which showed heat and/or hot water services to be
On appeal, the petitioner-tenant alleged, in substance, that she
still did not have heat in the subject apartment.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the proceeding should be
The tenant filed an Individual Tenant Statement of Complaint of
Decrease in Services on January 23, 1987, alleging, inter alia,
that the radiators were not working and that there was no heat.
The file revealed that a Division of Housing and Community
Renewal (DHCR) inspection held in Apartment 5-R on April 21,
1987, showed that heat and hot water services were adequate.
The Commissioner finds, therefore, that the Administrator
properly based his determination on the entire record including
the results of the on-site inspection conducted on April 21,
Moreover, a check of DHCR records show that there were no pending
BJ 410296 RT
building-wide service complaints involving heat or hot water.
Accordingly, the Commissioner further finds that the District
Rent Administrator properly determined that the tenant's
application should be denied.
This Order and Opinion is issued without prejudice to the
tenant's right to refile for a reduction of rent based upon a
decrease in service, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the District Rent Administrator's order be, and the same
hereby is affirmed.
JOSEPH A. D'AGOSTA