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.: CB430356RO
DOCKET NO.: BG430007HW
JNP JC Brusco Associates,
PREMISES: 203 West 85th St.
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on December 1, 1987
concerning the housing accommodations relating to the above-
described docket number.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
This proceeding was commenced by various tenants filing a
complaint dated July 2, 1987, asserting among other things that the
"hot water service breaks repeatedly about once a month."
On July 21, 1987, the Division mailed a copy of the tenants'
complaint to the owner who answered, stating that the "hot water
problem has been abated."
Physical inspections of the subject apartments were conducted
on October 6, 13 and 21, 1987. The inspector reported that Apt. 5
(115@F hot water in the bathroom), Apt. 32 (115@F hot water in the
kitchen and 112@F hot water in the bathroom) and Apt. 45 (110@F hot
water in the kitchen) had inadequate hot water services. As to the
other inspected apartments, including that of Apt. 34 (the alleged
tenant representative in the original complaint), adequate hot
water services were found.
The Administrator issued an order based on the above
inspection report, directing restoration of hot water services and
ordering a rent reduction for Apts. 5, 32 and 45. The
Administrator terminated the proceeding as to the other inspected
apartment with adequate hot water services.
In the petition for administrative review, the owner contends
that the hot water problem has been resolved, that the delay was
caused by a tenant who had a broken hot water faucet and refused
access to the apartment.
On May 13, 1988, the Division mailed the tenants a copy of the
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The Administrator's determination was based upon a staff
inspector's report which found inadequate hot water services in
Apts. 5, 32 and 45. The determination was in all respects proper
and is hereby sustained.
The owner's allegation that the delay in repairs was caused by
a tenant's refusal of access to the apartment with a broken hot
water faucet is unsubstantiated and was not raised before the
Administrator prior to the issuance of the order. Accordingly,
this assertion may not be raised on appeal.
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, denied
and that the Administrator's order be, and the same hereby is,
Joseph A. D'Agosta