STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
Robert E. Jerry,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 3, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on January
13, 1988, by the Rent Administrator, concerning the housing
accommodation known as 88-05 Merrick Boulevard, Apt. 1H, Queens,
N.Y., wherein the Administrator determined that a reduction in rent
was not warranted because the conditions complained of had been
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the tenant has the right two boilers.
On July 15, 1987, the tenant filed a complaint alleging that he
does not have use of the master antenna, that the two boilers were
replaced by one, and that the new boiler makes too much noise.
The owner filed an answer to the complaint on July 15, 1987,
alleging that the master antenna is provided in the building and
the tenant just has to notify the owner of any problems, that the
new boiler functions as well as the two old boilers because of
technological improvements, and that the old boilers were noisier.
A DHCR inspection conducted on December 4, 1987, revealed that:
1) The inside temperature was 78@ at time of inspection and the
hot water temperature was 120@.
2) The master antenna has been repaired and the television
reception is good.
3) Noise condition has been corrected.
Based on the inspection the Administrator denied the tenant's
application and terminated the proceeding.
In the petition for administrative review, the tenant asserts that
the owner had not restored the second boiler.
The petition was served on the owner on March 29, 1988.
After careful consideration of the entire evidence on record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code:
" A tenant may apply to the Division Housing and Community Renewal
(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 has failed to maintain required services"
Required services are defined in Section 2520.6(r) to include that
space and those services which the owner was maintaining or was
required to maintain on the applicable base date including repairs,
maintenance, and the furnishing of heat.
Since the inspection revealed that the apartment had adequate heat
and hot water and the noise had ceased, the Rent Administrator
correctly denied the tenant's complaint. The tenant does not have
a right to the second boiler if adequate heat and hot water are
being provided by one boiler.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition, be, and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby is
JOSEPH A. D'AGOSTA