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.: CC110332R0
Elbern Apt. Condo/
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: BL11O152HW
PETITIONER PREMISES: 36-20 168th St.
Apt. No. 5K
Flushing, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 18, 1988 concerning the
housing accommodations relating to the above-described docket
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 this administrative appeal.
This proceeding was commenced on December 31, 1987 by the tenant
filing a complaint asserting that the owner failed to maintain
various services including, but not limited to, adequate hot water
in the subject apartment.
The Division transmitted to the owner on January 20, 1988 a copy of
the tenant's complaint.
On January 27, 1988, the tenant filed an affirmation stating that
the owner has continued to fail to maintain heat/hot water services.
Thereafter, an on-site inspection of the subject apartment was
conducted on February 2, 1988 by a Division staff member who
reported an inadequate hot water temperature of 105 degrees
The Administrator directed restoration of services and further
ordered a reduction of the stabilized legal rent.
In the petition for administrative review, the owner contends that
the mixing valve had been adjusted on February 3, 1988 to provide
adequate hot water.
On May 31, 1988, the Division mailed a copy of the owner's petition
to the tenant.
In an answer filed on June 8, 1988, the tenant stated in substance
that adequate hot water was recently restored and that she is
entitled to a rent reduction.
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 within the apartment. The
determination was in all respects proper and is hereby sustained.
The claim of repairs was not raised in the proceeding below prior to
the issuance of the Administrator's order and is now raised for the
first time on appeal. Accordingly, this assertion is beyond the
scope of administrative review which is limited to the issues and
evidence before the Administrator.
The owner is advised to file a rent restoration application based on
the adequacy of hot water services 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,
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