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.: CF420092RO
Po W. Yuen Realty &
DOCKET NO.: CC420032HW
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 69 Mott Street, Apt. 22, 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 the proceeding below by filing a complaint on
March 11, 1988 asserting that no heat and hot water had been
provided since February 17, 1988.
The owner did not answer the complaint, although afforded an
opportunity to do so.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of the following
defective conditions: The housing accommodation has no heat or hot
water. The apartment was burned out by fire on February 7, 1988.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum rent.
In its petition for administrative review, the owner states, in
substance, that there was a fire in the apartment in February of
1988; that as a result of the fire, the tenant is temporarily out
of possession and has no standing to bring the instant complaint;
and that as a natural consequence of making the repairs, the heat
and hot water to the apartment had to be placed out of service.
The DHCR served a copy of the petition the tenant on July 30,
The tenant said that as a result of the fire damage, and until the
landlord completely renovates the apartment, it is not possible for
him to live there in its damaged condition.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
heat and hot water services.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required and essential services based on a
physical inspection confirming the existence of defective
conditions in the subject building for which a rent reduction is
Since the tenant did not allege in the complaint that the apartment
could not be occupied, and the owner did not answer the complaint,
there was no finding by the Administrator as to the habitability of
the apartment or the possessory rights of the tenant. The tenant
complained about no heat and hot water and the confirmation of this
warrants the rent reduction order appealed herein. The issue of
whether an owner is required to provide heat to a burned out
apartment is not determined herein because it was not raised below.
The owner may file a rent restoration application if the facts so
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, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA