CE410068RO
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.:
CE410068RO
TING'S INTERNATIONAL CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CA410140HW
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 4, 1988, the above-named owner filed a timely petition for
administrative review against an order issued concerning the
housing accommodation known as 366 West 23rd Street, New York,
New York, Apartment 2-E.
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.
Thereafter, on March 9, 1988, a staff inspector conducted an on
site inspection of the subject apartment and reported as follows:
1. The hot water is inadequate with a temperature
of 115@ F, and
2. There was no heat in the subject apartment at
the time of inspection.
Based thereon, the Rent Administrator, by order dated April 4,
1988, directed restoration of these services and further ordered a
reduction of the legal regulated rent.
CE410068RO
In the petition for administrative review, the owner asserts that
the Division of Housing and Community Renewal (DHCR) did not notify
the owner of the tenant's complaint.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
Division records disclose that on February 8, 1988, the DHCR mailed
to the owner a Notice and Transmittal of Tenant's Complaint to the
address of Ting's International Corp., 485 Sixth Avenue, New York,
New York 10011, the owner's registered address. That envelope was
not returned by the Post Office.
Therefore, this 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 staff
inspection confirming the existence of defective conditions for
which a rent reduction is warranted.
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
and the Emergency Tenant Protection Act of 1974, 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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