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.: CF610283RO
LEVITES REALTY CORP. RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-owner timely refiled a Petition for
Administrative Review against an order of the Rent Administrator
issued February 25, 1988. The order concerned various housing
accommodations located at 2085 Valentine Ave., Bronx, N.Y. The
Administrator denied the tenants' complaint wherein they requested
a rent reduction based on the owner's failure to maintain adequate
heat and hot water.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
This proceeding was commenced on December 12, 1987 when 33
tenants filed a Statement of Complaint of Decrease in Building-Wide
Services wherein they alleged, in relevant part, that the owner was
providing sporadic heat and hot water service.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner did not file a response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 2 and February
3, 1988. The inspector's detailed report revealed that there was no
evidence of inadequate heat and hot water in the relevant
The Administrator issued the order here under review on
February 25, 1988 and denied the complaint based on the inspector's
On appeal the owner states arguments that are wholly
irrelevant to the issue decided by the Administrator. The owner's
petition relates to a major capital improvement application which
was pending when the petition was filed and which was subsequently
granted in part by the DHCR. Pursuant to the Rent Stabilization
Code, a party who files an administrative appeal must show that it
has been aggrieved by the order from which it appeals. The owner
was not aggrieved by the issuance of Docket No. BL630120HW.
Therefore, this petition must be denied and the order here under
review must be affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and 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, affirmed.
JOSEPH A. D'AGOSTA