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.:
A J F REALTY/ RENT ADMINISTRATOR'S
609 WEST 173RD ST. ASSOC., DOCKET NO.:
PREMISES: 609 W. 173 St.
PETITIONER Apt. 5-F, New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review against an order issued on March 8, 1988 concerning the
housing accommodations relating to the above-described docket
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.
Various tenants commenced this proceeding on January 4, 1988 by
filing a complaint asserting that the owner had failed to maintain
various services including, but not limited to, adequate heat and
In its answer filed on January 28, 1988, the owner denied the
allegations in the tenant's complaint and otherwise asserted that
required services are being properly maintained.
Thereafter, on February 4, 1988, the subject building was inspected
by a Division of Housing and Community Renewal (DHCR) staff member
who reported that among the apartments where access was obtained,
hot water services were inadequate for Apt. 5-F (110@ F. in the
The Administrator directed the restoration of services in Apt. 5-F
and a reduction of the stabilized rent.
In the petition for Administrative review, the owner contends that
at the time of DHCR's inspection, the boiler was at manual and not
automatic; and that the rent reduction is unfair when the hot water
was inadequate only for one day. The owner submitted a copy of a
work invoice dated February 4, 1988 to indicate that the boiler was
A copy of the petition was mailed to the tenant on July 12, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The petition does not establish any basis for modifying
or revoking the Administrator's order which determined that the
owner was not maintaining a required service based on a physical
inspection confirming the existence of inadequate hot water (110@
F. in the bathroom).
The petitioner's submission of a copy of a work order for alleged
repairs on February 4, 1988 in the petition and not in the
proceeding below prior to the issuance of the Administrator's order
is beyond the scope of administrative review which is limited to
the issues and evidence before the Administrator.
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,
JOSEPH A. D'AGOSTA