Doc. #CK120060RO
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
APPEALS OF DOCKET NOs.: CK120060RO
CL120226RO
D. S. Bagga, : RENT ADMINISTRATOR'S
DOCKET NO.: CI120024HW
PETITIONER :
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely refiled a petition for
administrative review of an order issued concerning the housing
accommodations known as 83-09 Brevoort Street, Apartment 2B, Kew
Gardens, NY.
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.
The tenant commenced the proceeding below by filing a complaint on
September 28,1988, asserting that the owner had failed to maintain the
required level of the hot water temperature in the subject apartment.
In an answer, the owner stated that they were replacing the old boiler
with a new boiler and due to this, hot water service was on and off for
several days.
Thereafter, on October 24, 1988, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed that the hot water
service was inadequate at 118@F at the time of the inspection.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum legal rent.
In its petition for administrative review, the owner states, in
substance, that the water temperature was low for a few hours during
the installation of the new boiler. He also enclosed a letter from the
fuel company advising that in order to make the repairs, the boiler
unit had to be shut down for a few hours on October 24, 1988.
The DHCR served a copy of the petition on the tenant on April 10, 1989.
The tenant answered that the boiler was supposed to be out of service
for seven (7) days although it actually was out for a total of nineteen
(19) days. She further asserts that the heat and water is very low,
there is no heat through the night and you have to call the
superintendent for hot water service in the morning.
After careful consideration, the Commissioner is of the opinion that
Doc. #CK120060RO
the petition should be denied.
The Commissioner finds that the Administrator properly determined that
the owner had failed to restore the hot water service based on the
evidence of record, including the results of the on-site physical
inspection, on October 24, 1988, of the subject premise. Accordingly,
the determination was in all respects proper and is hereby sustained.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the tenant,
where it is found that the owner has failed to maintain required
services which are defined in Section 2520.6(r) to include repairs,
maintenance, janitorial services, and the furnishing of light, heat,
and hot and cold water. 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 services based
on the physical inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction is
warranted.
The Division's records reveal that the owner's rent restoration
application was granted (Docket Number: DD110012OR).
THEREFORE, in accordance with the Rent Stabilization Law and Code and
the Emergency Tenant Protection Act of 1974, it is
ORDERED, that these petitions be, and the same hereby are, 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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