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 ADMINISTATIVE REVIEW
APPEAL OF DOCKET NO.: CC110331RO
DOCKET NO.: BL120153HW
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 accommodations
known as 36-20 168 Street., Apt. 5D, Flushing, 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
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an 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 conditions: hot water service, 95@F.
The Rent Administrator directed restoration of hot water service
and further ordered, a reduction of the maximum legal rent.
In its petition for administrative review, the owner states, in
substance, that it had the boilerman adjust the mixing value to
resume adequate hot water supply.
The DHCR served a copy of the petition on the tenant on May 5,
The tenant interposed an answer which stated that the owner failed
to resume adequate hot water.
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 existance of defective
conditions in the subject building for which a rent reduction is
The record reveals that a rent restoration was granted on June 5,
1989 under docket no. CK120117OR.
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