BK 620193 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.: BK 620193 RO
ADBAR REALTY COMPANY,
DRO DOCKET NO.: BC 620590 S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 9, 1987 the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on
October 6, 1987 by the Administrator, (Gertz Plaza) concerning
housing accommodations known as Apartment A2, 2001 Newbold
Avenue, Bronx, New York, wherein the Administrator reduced the
rent of the subject apartment based on the landlord's failure to
provide adequate hot water.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
This proceeding stems from a complaint filed by the tenant
alleging a lack of adequate heat, where said allegation was
denied by the landlord. Based on physical inspection (conducted
at the subject apartment during the summer season) which
discloses that the hot water temperature was 80 degrees
fahrenheit, the Administrator issued the order appealed herein.
In this petition the landlord does not question the lack of
adequate hot water as found by the Administrator but rather
contends, in substance, that the reduction of rent was improper
because said condition of item was not cited in the tenant's
complaint.
The Commissioner is of the opinion that this petition should be
granted.
The Commissioner notes that the landlord had failed to provide
adequate hot water as confirmed by the Division of Housing and
Community Renewal (DHCR) inspectorial staff report. However said
item was not cited in the tenant's complaint. Accordingly, the
Commissioner is of the opinion and finds that it was improper to
have reduced the rent of the subject apartment without having
put the landlord on notice of this condition; and thus said order
must be revoked.
BK 620193 RO
The Commissioner notes that the landlord had filed an application
with the Division for a restoration of rent and that the
Division, upon determining that the landlord had restored the
required service, restored the rent of the subject apartment.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is
ORDERED, that this petition be, and the same hereby is, granted;
and that the Administrator's order be, and the same hereby is,
revoked.
NOTE: The tenant may pay any arrears in rent resulting from this
order in 12 equal monthly payments.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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