CB130217RT
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.: CB130217RT
ELIZABETH A. DUNN RENT
ADMINISTRATOR'S DOCKET
NO.: BJ130220HW
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 29, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued February 18, 1988 concerning the housing
accommodations known as various apartments, 151-05 Cross Island
Parkway, Queens, NY, wherein the Administrator denied the tenants'
application for a rent reduction.
The Commissioner has carefully reviewed all the evidence of record
and has carefully considered that portion relevant to the issues
raised on appeal.
A review of the record reveals that on October 15, 1987, the
tenants of 14 of the 62 apartments in the subject building joined
in filing a complaint in which they alleged, in relevant part, that
heat and hot water services are provided on a sporadic basis.
A DHCR inspector visited the building on January 26, 1987. Of the
fourteen complaining tenants, the inspector gained access to seven
apartments and found that adequate heat and hot water services were
being provided.
The order appealed herein was issued on February 18, 1988 denying
the tenants' complaint.
In the petition for administrative review, the tenant asserts that
the complaint did not claim that there was no heat and hot water
but that there are frequent incidents when these services are not
CB130217RT
provided and that the day the inspector came there was adequate
heat and hot water.
In answer to the petition, the owner alleges that the conditions
described by the tenant do not exist and that all mechanical
systems are operating properly.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code requires the Division
to order a rent reduction, upon application by a tenant, where it
is found that the owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) to include heat
and hot water services. The determination as to whether required
services are being maintained is generally made by a physical
inspection by a DHCR employee.
In the instant case, the Rent Administrator's order was properly
based on the results of the inspection which revealed that adequate
heat and hot water services were being provided. It is not the
practice of the Division to make repeated visits to a building if
adequate services are found to be maintained on the first visit.
Therefore in accordance with the Rent Stabilization Law and Code,
it is
ORDERED that this petition be and the same hereby is denied and the
Rent Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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