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.: CC410022RO
ELIEZER A. COHEN RENT ADMINISTRATOR'S
DOCKET NO.: BL410017HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodation
known as 309 West 43rd Street, Apt. 3D, New York, N.Y.
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 the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In the answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of the following
defective condition: inadequate heat.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that services were restored prior to complaint being
filed, that DHCR had previously inspected and issued an order of
denial and termination, that DHCR conducted physical inspections
for other similar duplicative complaints and had issued termination
notices in those cases, copies attached therewith, and that the
tenant admits in his complaint that services were corrected.
The DHCR served a copy of the petition on the tenant on April 19,
The tenant interposed and answer to the owner's petition contending
that he has never received any denial or termination order, that
the termination of duplicative complaints filed by other tenants is
irrelevant to this tenant's apartment, that this tenant admits
repairs were made but not that services were fully restored, that
the inspector found inadequate heat two months after repairs were
Subsequently, the owner responded to rebut the tenant's answer and
stated that inspections revealed all items were in service and
duplicate/identical complaints of all other tenants were dismissed,
and that if the heat was found to be adequate in other apartments
then the heat is working in the entire building.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by the tenant,
where it is found that the owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator order which determined that
the owner was not maintaining required services based on a physical
inspection confirming the existence of inadequate heat in the
subject apartment for which a rent reduction is warranted.
With regard to the owner's contention that inspections in other
proceedings regarding duplicate/identical complaints revealed no
decrease in services, those determinations are irrelevant to the
apartment involved in this proceeding. The record does not contain
any evidence that services were restored to the subject apartment.
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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