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.: CB430016RO
East 115th Realty Co./ RENT ADMINISTRATOR'S
Michael Dara, DOCKET NO.: BJ530044HW
PETITIONER PREMISES: 1861 Lexington Ave.
New York, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINSTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on January 5, 1988 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
Various tenants commenced this proceeding on October 13, 1987 by
filing a complaint asserting that the owner had failed to maintain,
among other things, heat and hot water services in the subject
In answer, the owner denied the allegations in the complaint or
otherwise stated that services are being maintained and that most
tenants who signed the petition do not understand English and were
pressured to sign.
On December 7, 1987, a physical inspection was conducted by a DHCR
staff member who reported that at the time, the outside temperature
was 44@F; that the heat in Apts. 1, 2, 5, 7, 10, 11 and 12 was
inadequate, the temperature ranging from 62@F to 66@F.; that no hot
water was provided to these apartments; and that access was not
gained to Apts. 8, 9 and 12.
By an order dated January 5, 1988, the Administrator determined that
the heat and hot water services were inadequate based on said
inspection, directed the restoration of services, and ordered a rent
In the petition for administrative review, the owner contends in
substance that the services were provided; that the inspection
report was questionable; and that its due process rights were
violated because the complaint was unclear and the inspection
results were not sent to the owner so that corrective measures could
In answer, various tenants assert that the defective conditions
continue to exist.
In reply, the owner denied the assertions or otherwise alleged the
lack of veracity in the tenants'answer.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted in part and the Administrator's order
The Administrator's determination that the heat in Apts. 1, 2, 5, 7,
10, 11 and 12 was inadequate and that no hot water was provided to
these apartments was properly based on the December 7, 1987 physical
inspection. At that time, the DHCR staff member reported that the
outside temperature was 44@F and that the heat in these apartments
was inadequate, the temperature ranging from 62@F to 66@F; and that
there was no hot water in these apartments. The owner's petition
failed to rebut the inspection results. Accordingly, this
confirmation of defective conditions warrants a rent reduction.
The Commissioner finds, however, that per the inspection report,
access was not gained to Apts. 8, 9 and 12; and that the complaint
as to these apartments should be dismissed. The grant of rent
reduction to Apts. 8, 9 and 12 is revoked and the Administrator's
determination is modified accordingly.
The Commissioner notes that the tenants clearly complained of
inadequate heat and hot water; due process only requires that the
owner receive a copy of the complaint; and that DHCR is not required
to serve an inspection report on the owner (FH410081RO, Empress
Manor Apartments v. DHCR, 538 NYS2d 49, 147 AD2d 642).
Rent arrears may be due the owner from the tenants as a result of
this order. Any arrears shall be paid in monthly installments which
shall not exceed the amount of the monthly rent reductions revoked
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA