CC110329RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CC110329RO
TENTH FROGMOUTH CORPORATION,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BL120088HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 28, 1988, the above-named owner filed a timely petition
for administrative review against an order issued concerning the
housing accommodation known as 90-10 149th Street, Jamaica,
New York, apartment 2-P.
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 in this petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain heat and hot water
services.
In an answer, the owner denied the allegations set forth in the
complaint. Specifically, the owner answered, "heat and hot water
are supplied to the entire building at all times when necessary."
Inadequate heat and hot water was determined at a staff inspection
of the subject apartment which revealed:
1. The outside temperature - 40@ F: The apartment
temperature - 66@ F.
2. Hot water temperature - 90@ F.
CC110329RO
Based thereon, the Rent Administrator, by order dated March 9,
1988, and amended April 1, 1988 to correct the status of the
apartment directed restoration of these services and further
ordered a reduction of the legal regulated rent.
In the petition for administrative review, the owner asserts that
during the period of the complaint, work was being done to repair
the equipment.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The petition does not establish any basis for modifying or revoking
the Administrator's order which determined that the owner was not
maintaining required services based on a physical inspection
confirming the existence of inadequate heat and hot water for which
a rent reduction is warranted. The Commissioner notes that the
petitioner in essence concedes restoration of services subsequent
to the issuance of the Administrator's order.
The owner may file a rent restoration application if the facts so
warrant.
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,
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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